DR PANKAJ SHARMA v. SMT POONAM SHARMA AND 4 OTHERS
A227/4549/2024 · 2025-09-14
Manish Kumar Nigam
Civil Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 49303 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 49303 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 4549 of 2024 Court No. - 9 HON'BLE MANISH KUMAR NIGAM, J.
1. Heard Shri Sanjiv Singh, Senior Advocate assisted by Shri Priyansh,
learned counsel for the petitioner and perused the record.
2. This petition has been filed challenging the order dated 21.03.2024 passed by District Judge, Gautam Budh Nagar in Misc. Civil Appeal No. 3 of 2024, (Smt. Poonam Sharma v. Dr. Pankaj Sharma).
3. The aforesaid appeal was filed by the defendant/respondent against the
order dated 18.01.2024 passed by the trial court granting temporary injunction under Order 39 Rule 1 & 2 C.P.C. The appeal filed by the defendant/respondent was allowed and the order passed by the trial court granting injunction as set-aside.
4. It has been informed by learned counsel for the respondent that Original Suit No. 942 of 2023 (Dr. Pankaj Sharma v. Smt. Poonam Sharma & others) from which this petition arises has already been dismissed in default by order dated 20.02.2025.
5. When this matter was taken up on 09.09.2025, learned counsel for the petitioner was directed to ascertain the position.
6. Learned Senior Counsel appearing for petitioner informed today that suit has been dismissed but restoration application has been filed which is pending consideration. Versus Counsel for Petitioner(s) : Priyansh, Sr. Advocate, Utkarsh Birla Counsel for Respondent(s) : J.P. Pandey, Kaushalendra Nath Singh, Kriti Gupta, Nipun Singh, Prakhar Khanna, Vandeep Nath Dr Pankaj Sharma .....Petitioner(s) Smt Poonam Sharma And 4 Others .....Respondent(s)
7. Since, the original suit from which this petition arises has already been dismissed in default, this petition cannot be continued and is liable to be dismissed.
8. Accordingly, this petition stands dismissed. September 15, 2025 Ved Prakash A227 No. 4549 of 2024 2 (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad