MANOJ KUMAR AND ANOTHER v. STATE OF UP AND 5 OTHERS
A227/6861/2025 · 2025-07-10
Manish Kumar Nigam
body2025
DailyLaw.ai
[ 2025 DAILYLAW 72216 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 72216 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:111122 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 6861 of 2025 Petitioner :- Manoj Kumar And Another Respondent :- State Of Up And 5 Others Counsel for Petitioner :- Nand Kishor Mishra,Sanjay Kumar Asthana Counsel for Respondent :- C.S.C.,Sunil Kumar Singh Hon'ble Manish Kumar Nigam,J.
1. No one is present on behalf of the petitioners even in the revised list.
2. Sri Sunil Kumar Singh, learned counsel for the respondents is present and perused the record.
3. The present petition has been filed with the following prayer:
"i) Issue an order setting aside the impugned order dated 1.5.2025 (as Annexure-5 to this petition) passed by learned court of Civil Judge (Junior Division) Ist Baghpat. ii) Issue an order restraining the respondent no.4 from raising construction over the land in dispute till the decision of civil suit no. 8/2025 (Manoj Kumar and other vs. State and others) pending in the court of Civil Judge (Junior Division) Ist Baghpat."
4. This petition has been filed challenging the order dated 01.05.2025 passed by the trial court, by which, application for interim injunction filed by the plaintiff has been rejected.
5. Sri Sunil Kumar Singh, learned counsel appearing for the respondents has submitted that against the order impugned, the petitioners have remedy of filing miscellaneous appeal under Order 43 Rule 1-r CPC.
5. In view of the availability of the alternative remedy, I am not inclined to entertain the instant petition.
6. Accordingly, the petition is disposed of with liberty to the petitioner to pursue the remedy as available to him under law.
7. Certified copy of the orders, if any, be returned to learned counsel for the petitioners after retaining photo copy of the same. Order Date :- 11.7.2025 Priya Digitally signed by :- PRIYA KUSHWAHA High Court of Judicature at Allahabad Digitally signed by :- PRIYA KUSHWAHA High Court of Judicature at Allahabad