HIGH COURT OF JUDICATURE AT ALLAHABAD FIRST APPEAL FROM ORDER No. - 1104 of 2024 Court No. - 54 HON'BLE ANIL KUMAR-X, J. 1. This appeal is directed against the order dated 28.5.2024 passed by learned Additional District Judge, Court No.28, Agra in Original Suit No.22 of 2023 (Vipnesh Kumar vs. Housing Commissioner, UP Avas Evam Vikas Parishad & Ors.), whereby the application 37-C filed by the appellant-plaintiff seeking injunction, has been dismissed. 2. Heard Shri Pankaj Agarwal, learned counsel for the appellant and Shri Amit Kumar Asthana and Shri Ved Prakash Shukla, learned counsel for the respondents at length. 3. It is apparent from bare perusal of the impugned order that prior to filing of the application 37-C for seeking temporary injunction, another application 8-C was previously filed for seeking the same relief which was pending. The learned trial court has held that since the earlier application 8-C seeking temporary injunction has yet not been disposed of, the present application 37-C for the same relief cannot be maintainable and it dismissed the same. 4. The findings of the learned trial court dismissing the present application 37-C seeking temporary injunction on the ground that earlier application 8-C for the same relief is still pending, does not suffer from any infirmity. It was incumbent upon the appellant either to withdraw his previous application before filing the present application seeking the same Versus Counsel for Appellant(s) : Pankaj Agarwal Counsel for Respondent(s) : Amit Kumar Asthana, Ved Prakash Shukla, Vineet Kumar Singh, Vivek Saran (Elevated) Vipnesh Kumar Jain .....Appellant(s) Housing Commissioner Up Avas Avam Vikas Parishad And 5 Others .....Respondent(s) relief by disclosing the change of circumstances, but no such effort was made by the appellant-plaintiff. 5. Hence, this appeal being devoid of merit and is, accordingly, dismissed . The impugned order 28.5.2024 passed by the learned trial court is upheld. October 5, 2026 SK FAFO No. 1104 of 2024 2 (Anil Kumar-X,J.) Digitally signed by :- SUSHEEL KUMAR High Court of Judicature at Allahabad