Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:108606 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 6643 of 2025 Petitioner :- Kulbhushan Kumar Kapoor Respondent :- Yogendra And 5 Others Counsel for Petitioner :- Amrendra Nath Rai,Nidhi Rai Hon'ble Manish Kumar Nigam,J.
1. Heard learned counsel for the petitioner and perused the record.
2. This writ petition has been filed challenging the orders dated 24.03.2022 passed by the trial court as well as order dated 24.10.2024 passed by the revisional court in Original Suit No. 145 of 2020. Original Suit No. 145 of 2020 was instituted by the plaintiff-respondents for mandatory injunction for removal of wall constructed by the defendant. In the aforesaid suit, an application under Order 7 Rule 11 of C.P.C. was moved by the defendant and the same has been rejected by order dated 24.03.2022 passed by the trial court. Against the order dated 24.03.2022, the petitioner preferred a revision which has also been dismissed by order dated
24.10.2024.
3. Learned counsel for the petitioner submitted that the courts below have erroneously rejected the application under Order 7 Rule 11 of C.P.C. filed by the petitioner.
4. I have perused the averments of the plaint from which it is apparent that the cause of action is there in the plaint and while deciding an application under Order 7 Rule 11, it is only the allegations in the plaint, which has to be seen.
5. In view of the same, no illegality has been committed by the courts below.
6. Accordingly, the writ petition is dismissed. Order Date :- 9.7.2025 Nitika Sri. (Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad