MUNAWWAR JAMAL AND 2 OTHERS v. ABHISHEK RASTOGI AND 4 OTHERS
A227/7188/2025 · 2025-07-16
Manish Kumar Nigam
Original Suitbody2025
DailyLaw.ai
[ 2025 DAILYLAW 75291 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 75291 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:115492 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 7188 of 2025 Petitioner :- Munawwar Jamal And 2 Others Respondent :- Abhishek Rastogi And 4 Others Counsel for Petitioner :- Iqbal Ahmad Hon'ble Manish Kumar Nigam,J.
1. Heard learned counsel for the petitioners and perused the record.
2. This petition has been filed for the following relief:
"Issue, an order or direction of suitable nature, directing the learned Trial Court/Civil Judge (Senior Division), Moradabad to decide the Application under
Order VII Rule 11 C.P.C. dated 26.03.2025 filed by the petitioners first of all and then proceed to decide the Interim Injunction Application (6Ga) dated 11.02.2025 filed by the plaintiffs-respondents in Original Suit No. 149 of 2025 a short prescribed time fix by this Hon'ble Court."
3. Contention of the learned counsel for the petitioners is that application under
Order VII Rule 11 C.P.C. has to be decided first before considering the application for interim injunction.
4. The argument of the learned counsel for the petitioner is wholly misconceived and in case, such a situation is allowed, then in every case, the defendant will file an application under Order VII Rule 11 C.P.C. to frustrate the disposal of the interim injunction application.
5. In view of these facts, no relief can be granted by this Court. However, it is expected that the application of the petitioner shall be considered and decided by the court below in accordance with law.
6. The petition lacks merit and is accordingly, dismissed.
Order Date :- 17.7.2025 Ved Prakash (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad