VIVEK KUMAR @ BRAHASPATMANI SHARMA v. JOGESH KUMAR AND 8 OTHERS
CLRE/49/2025 · 2025-04-15
Rohit Ranjan Agarwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 27686 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 27686 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:55687 Court No. - 9 Case :- CIVIL REVISION No. - 49 of 2025 Revisionist :- Vivek Kumar @ Brahaspatmani Sharma Opposite Party :- Jogesh Kumar And 8 Others Counsel for Revisionist :- Nishi Sengar Hon'ble Rohit Ranjan Agarwal,J. This is defendant's revision. In the suit filed by plaintiff/opposite party, an application for grant of temporary injunction was moved. The trial court on 19.02.2025 granted ad interim injunction and issued notice to defendants. Aggrieved by the said order, defendant had filed First Appeal From Order under Order XLIII Rule 1(r) CPC. The co-ordinate Bench of this Court on 10.03.2025 had
directed the revisionist to get his appeal converted into civil revision. The matter has come up before this Court today. From perusal of the order impugned, it is clear that the order of ad interim injunction granted by trial court is under challenge. Neither a misc. appeal under Order XLIII Rule 1(r) CPC or civil revision under Section 115 of CPC lies against the order granting ad interim injunction. This Court in Civil Revision Defective No. 24 of 2025 (Tahir Hussain and 2 others vs. Taufiq Ahamad and 12 others), decided on 03.04.2025, has taken the same view. However, looking to the facts of the case, as the co-ordinate Bench had directed the misc. appeal to be converted into civil revision and defendant-revisionist till date has not filed his objections, this writ petition is disposed of treating it to be Matters under Article 227 of Constitution of India, directing the defendant to file his objections before the trial court against the application moved by plaintiff for grant of temporary injunction. If the objections are moved within two weeks from today, the trial court shall proceed with temporary injunction application moved by plaintiff-opposite party and decide the same, considering the objections of defendants-revisionists, within a period of two months, thereafter, strictly in accordance with law. It is made clear that this Court has not adjudicated the matter on merits.
Order Date :- 16.4.2025//V.S.Singh Digitally signed by :- VIDYA SAGAR SINGH High Court of Judicature at Allahabad