Neutral Citation No. - 2025:AHC:53785 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 3545 of 2025 Petitioner :- Mahaveer Singh Respondent :- Tejpal And 2 Others Counsel for Petitioner :- Manoj Kumar Sharma,Sunil Choudhary Hon'ble Rohit Ranjan Agarwal,J. 1. This writ petition has been filed with the following prayer: "i. To call for the records related with the Original Suit No. 139/2018 (Tejpal Vs. Mahaveer Singh & others) pending in the Court of Civil Judge (S.D.)/Fast Track Court, Muzaffarnagar and Suit No. 772/2019 (Tejpal Vs. Mahaveer Singh) pending in the Court of Civil Judge (J.D.), Muzaffarnagar and to set aside the plaint of aforesaid suits alongwith its consequential proceedings whatsoever throughout. ii. To set aside the impugned order dated 23.09.2024 (Annexure No. 1 to this Petition) passed by the Learned Civil Judge (S.D.)/FTC, Muzaffarnagar in Original Suit No. 139/2018 (Tejpal Vs. Mahaveer Singh & others) with its all consequential effects whatsoever throughout." 2. It is contended that the suit filed by the plaintiff-respondent is on the wrong facts and in the said suit an application for grant of temporary injunction was filed, which has been allowed by the order impugned dated 23.09.2024. However, the petitioner has challenged the entire proceedings of Original Suit No.139 of 2018 and Original Suit No.772 of 2019. 3. Reliance has been placed upon judgment of Apex Court in Guruswamy Nadar vs. P.Lakshmi Ammal (Dead) through LRs & Ors. AIR 2008 SC 2560, judgment of this Court in Smt. Ram Peary and others vs. Gauri and other AIR 1978 Allahabad 318 and also judgment of Kerala High Court in Tiny vs. Jacky 2011 Supreme (Ker) 894. 4. From perusal of the material on record, I find that the writ petiton is not maintainable against an order granting temporary injunction as the order impugned is appealable under Order XLIII, Rule 1(r) C.P.C. 5. Moreover, as far as challenge to the proceedings of the said suits are concerned, petitioner has remedy of filing application under Order VII, Rule 11 C.P.C. 6. The writ petiton stands dismissed. Order Date :- 11.4.2025 Kushal Digitally signed by :- KUSHAL AGRAWAL High Court of Judicature at Allahabad