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2025 DAILYLAW 55395 (ALL)

M/S VINAYAK ASSOCIATES v. SALIL KHANDELWAL AND ANOTHER

A227/4678/2025 · 2025-05-06

Rohit Ranjan Agarwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:73552 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 4678 of 2025 Petitioner :- M/S Vinayak Associates Respondent :- Salil Khandelwal And Another Counsel for Petitioner :- Utkarsh Malviya Counsel for Respondent :- Hari Om Shukla Hon'ble Rohit Ranjan Agarwal,J. 1. Plaintiff petitioner had instituted a civil suit in which defendant respondents had filed an application under Order VII Rule 11 CPC which was dismissed by the trial court, against which a civil revision was preferred by the defendant respondents, which has been allowed by the order impugned remanding the matter to the trial court to decide the application filed under Order VII Rule 11 (a) & (d) CPC afresh. 2. Learned counsel for petitioner submits that revisional court had recorded certain findings and made observations while remanding the matter to the trial court. According to him, the revisional court had limited the scope of application under Order VII Rule 11 CPC and the finding recorded by revisional court would affect the decision of trial court. 3. Sri Sanjay Singh, learned counsel, has put in appearance for respondents. He submits that present writ petition is only against the remand order and same is not maintainable. 4. It is an admitted fact to both the parties that revisional court had only remanded the matter while partly allowing the revision directing the trial court to decide the application under Order VII Rule 11 CPC afresh. From perusal of the remand order, I find that as it is a remand order and matter is still pending consideration before the trial court, no interference is required by this Court, at this stage. 5. However, looking into the facts of the case, trial court is directed to expedite the matter and decide the application under Order VII Rule 11 CPC, in accordance with law, after hearing all the affected parties, within a period of four months from the date of receipt of certified copy of this order, without being influenced by the finding recorded by the revisional court and decide the same independently. 6. Writ petition stands disposed of. Order Date :- 7.5.2025 Shekhar Digitally signed by :- SHASHI SHEKHAR PANDEY High Court of Judicature at Allahabad