Allahabad High Court

A227/3076/2021 of ARYA KANYA DEGREE COLLEGE AND ANOHER Vs DAYA RAM KUSHWAHA AND ANOTHER on 7 October 2026

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JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 3076 of 2021 Court No. - 9 HON'BLE ROHIT RANJAN AGARWAL, J. 1. This is defendant's petition. Plaintiff-respondent nos. 1 filed a suit for permanent injunction. In the said suit, defendants-petitioners appeared and filed their written

HIGH COURT OF JUDICATURE AT ALLAHABAD

MATTERS UNDER ARTICLE 227 No. - 3076 of 2021

Court No. - 9

HON'BLE ROHIT RANJAN AGARWAL, J.

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1. This is defendant's petition. Plaintiff-respondent nos. 1 filed a suit for permanent injunction. In the said suit, defendants-petitioners appeared and filed their written statement. An application under Order VII Rule 11 CPC was moved which was rejected against which a civil revision was preferred which has also been rejected.

2. Learned counsel for petitioner fairly submits that she is giving up challenge to said orders and direction may be issued to court below to frame issue in regard to maintainability of suit under Order VII Rule 11 CPC.

3. Sri Rishikesh Tripathi, learned counsel for plaintiff-respondent does not dispute the said fact.

4. In view of said fact, the writ petition is being disposed of, as the petitioners have given up challenge to the order impugned, with a direction to court below that in case issues have not been framed till date, issue shall be framed as to maintainability of suit in view of Order VII Rule 11 CPC. In case, issues have been framed, defendants may move an application under Order XIV Rule 5 CPC for framing of additional issues which shall be dealt with by trial court, expeditiously.

5. With the aforesaid direction, the writ petition stands disposed of. October 8, 2026 (V. S. SINGH) Versus Counsel for Petitioner(s) : Rama Goel Bansal, Shalini Goel Counsel for Respondent(s) : Rishikesh Tripathi (Rohit Ranjan Agarwal,J.) Arya Kanya Degree College And Anoher .....Petitioner(s) Daya Ram Kushwaha And Another .....Respondent(s) Digitally signed by :- VIDYA SAGAR SINGH High Court of Judicature at Allahabad

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