Allahabad High Court
A227/13849/2026 of YOGESH KUMAR AND 2 OTHERS Vs STATE OF UP AND 3 OTHERS on 30 September 2026
JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 13849 of 2026 Court No. - 9 HON'BLE ROHIT RANJAN AGARWAL, J. 1. This is plaintiffs' petition. Suit was filed by plaintiffs seeking relief of permanent injunction against defendants-respondents restraining them from interfering in their
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 13849 of 2026
Court No. - 9
HON'BLE ROHIT RANJAN AGARWAL, J.
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1. This is plaintiffs' petition. Suit was filed by plaintiffs seeking relief of permanent injunction against defendants-respondents restraining them from interfering in their peaceful possession over the property shown in the plaint map. An application 6-C was moved for grant of temporary injunction against which defendants have filed their objection. The said application was allowed by order dated 20.04.2024 against which State has preferred a misc. civil appeal which has been allowed by order impugned.
2. Learned counsel for petitioner states that there is an admission on the part of defendants that petitioners are tenure holders and injunction was rightly granted by trial court.
3. Learned Standing Counsel has opposed the writ petition and submits that the trial court had practically decreed the suit and final relief has been granted at interim stage which has been set aside by appellate court.
4. After hearing learned counsel for the parties and perusing the material on record, I find that trial court had exceeded its jurisdiction by allowing the 6-C application granting final relief to plaintiffs-petitioners at interim stage.
5. Looking to the facts of the case, the order dated 20.04.2024 and order impugned dated 31.08.2026 are hereby set aside. The matter is remanded to trial court to decide the application 6-C afresh keeping in mind that final relief cannot be granted at interim stage, within a period of one month, from the date of production of certified copy of this order.
6. With the aforesaid directions, the writ petition stands disposed of. October 1, 2026//(V. S. SINGH) Versus Counsel for Petitioner(s) : Abhijeet Singh, Saurabh Raj Srivastava Counsel for Respondent(s) : C.S.C., Sunil Kumar Singh (Rohit Ranjan Agarwal,J.) Yogesh Kumar And 2 Others .....Petitioner(s) State Of Up And 3 Others .....Respondent(s) Digitally signed by :- VIDYA SAGAR SINGH High Court of Judicature at Allahabad