SMT. SHRISHTI AND 4 OTHERS v. GAURANG KHANNA AND 6 OTHERS
A227/4844/2025 · 2025-05-11
Rohit Ranjan Agarwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 56446 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 56446 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:76700 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 4844 of 2025 Petitioner :- Smt. Shrishti And 4 Others Respondent :- Gaurang Khanna And 6 Others Counsel for Petitioner :- Ravi Anand Agarwal,Shreya Gupta Hon'ble Rohit Ranjan Agarwal,J. Petitioners before this Court are the defendants in the suit instituted by plaintiffs-respondents no.1 to 3. They claim to be the co-tenure holders of the land in dispute. According to petitioners, the partition suit in respect of agricultural land is still pending before the Revenue Court. It is further stated that the said suit would not lie before Civil Court, as it relates to agricultural land. The plaintiffs are the purchaser of the land in dispute from one of the co-tenure holders. In the suit instituted by the plaintiffs-respondents no.1 to 3, an application for grant of temporary injunction was moved, in which, an ad-interim injunction has been granted by the Court below on
20.12.2024. Against which, the defendants have already filed their objection which are pending consideration.
Learned counsel for the petitioners states that a misc. appeal was preferred against the order of the Court below granting ad-interim injunction, which has been rejected by the order impugned on the ground that the said appeal under Order 43 Rule 1 (r) CPC is not maintainable against ad interim injunction. Considering the facts and circumstances of this case, I find that only ad interim injunction has been granted by the trial Court, and
the temporary injunction application is still pending consideration. The trial Court is hereby directed to proceed with the said application and decide the same after hearing all the affected parties strictly in accordance with law preferably within a period of one month from the date of production of certified copy of this
order, considering the objections filed by the defendants- petitioners. Writ petition stands disposed of.
Order Date :- 12.5.2025 SK Goswami
Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad