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2025 DAILYLAW 60329 (ALL)

RAM AVADH YADAV v. STATE OF U.P. AND 8 OTHERS

WRIC/16345/2025 · 2025-05-27

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:91160 Court No. - 35 Case :- WRIT - C No. - 16345 of 2025 Petitioner :- Ram Avadh Yadav Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Utkarsh Singh Counsel for Respondent :- Azad Rai,C.S.C. Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the parties and perused the records. 2. This writ petition has been filed against an order dated 23.04.2025 by which an interim injunction has been granted by the appellate court in an appeal filed against the judgment and decree passed in a suit under Section 116 of the U.P. Revenue Code, 2006. 3. The petitioner who is respondent in the appeal has come up before this Court challenging the order by which interim injunction has been granted. 4. Learned Standing Counsel has submitted that since the provisions of C.P.C. are applicable, the petitioner, in case, is aggrieved by the order passed by the appellate court, he may file an application for vacation of interim order. 5. In view of the same, I am not inclined to interfere in the matter. 6. Accordingly, the writ petition is disposed of with liberty to the petitioner to move an appropriate application for vacation of interim order granted by the appellate court and in case, such an application is moved within one week from today, the same shall be considered and decided by the court below within next four weeks after providing opportunity of hearing to all the parties concerned provided there is no other legal impediment. Order Date :- 28.5.2025 Nitika Sri. (Manish Kumar Nigam, J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad