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2026 DAILYLAW 8696 (ALL)

SHYAMVEER SINGH v. SRI AKASH YADAV ANOTHER

A227/13312/2026 · 2026-09-22

Rohit Ranjan Agarwal

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 13312 of 2026 Court No. - 9 HON'BLE ROHIT RANJAN AGARWAL, J. 1. This is a plaintiff's petition. In the suit filed by the plaintiff, an application for grant of temporary injunction 6C2 was moved, in which, an ad-interim injunction was granted on 25.02.2026. Against which, the defendant-respondent has filed Civil Misc. Appeal No. 21 of 2026 which has been allowed by the order impugned and the matter has been remitted back to the trial court to decide the 6C2 application afresh. 2. Learned counsel for the petitioner states that against the order granting ad-interim injunction, civil misc. appeal was not maintainable. 3. After hearing the counsel for the petitioner and perusing the material on record, I find that the issue in regard to the maintainability of civil misc. appeal under Order 43 Rule 1(r) CPC against an ad-interim injunction has already attained finality by the judgment of the coordinate Bench of this Court rendered in the case of Gurmej Singh and others vs. Ranjit Kaur and others 2020 (12) ADJ 561. As the matter has been remitted back to the trial court to decide the 6C2 application, the court below is hereby directed to proceed with the matter and decide the 6C application, positively, within a period of one month from the date of production of certified copy of this order, after hearing all the affected parties. 4. With the aforesaid directions, the petition stands disposed of. 5. Till the decision of 6C2 application, parties to maintain status quo. September 23, 2026 A. V. Singh Versus Counsel for Petitioner(s) : Saurabh Tripathi, Sohit Prakash Sharma Counsel for Respondent(s) : (Rohit Ranjan Agarwal,J.) Shyamveer Singh .....Petitioner(s) Sri Akash Yadav Another .....Respondent(s) Digitally signed by :- AJAY VIKRAM SINGH High Court of Judicature at Allahabad