Allahabad High Court
A227/13353/2026 of SHAILENDRA KUMAR AND ANOTHER Vs SRI DEVLAL AND 6 OTHERS on 23 September 2026
JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 13353 of 2026 Court No. - 9 HON'BLE ROHIT RANJAN AGARWAL, J. 1. In the suit filed by plaintiffs-petitioners, an application for grant of temporary injunction 7-C was moved in which ad interim injunction was granted. Defendants have filed a
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 13353 of 2026
Court No. - 9
HON'BLE ROHIT RANJAN AGARWAL, J.
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1. In the suit filed by plaintiffs-petitioners, an application for grant of temporary injunction 7-C was moved in which ad interim injunction was granted. Defendants have filed a misc. civil appeal under Order XLIII Rule 1(r) CPC which has been partly allowed and matter has been remanded to trial court to decide the 7-C application afresh.
2. Learned counsel for petitioners submits that misc. civil appeal filed under Order XLIII Rule 1(r) CPC was not maintainable as it was filed against an ad interim injunction and temporary injunction application is still pending consideration. He has relied upon a decision of co-ordinate Bench rendered in case of Gurmej Singh and others vs. Ranjit Kaur and others 2020 (12) ADJ 561.
3. After hearing learned counsel for petitioner and perusing the material on record, I find that the matter has been remanded back to trial court. The writ petition is disposed of requiring the trial court to proceed with 7- C application filed in Original Suit No. 167 of 2025 and decide the same, within one month, from the date of production of certified copy of this order.
4. Till the decision of the said application, parties to maintain status quo over the property in dispute. September 24, 2026 (V. S. SINGH) Versus Counsel for Petitioner(s) : Saurabh Tripathi, Sohit Prakash Sharma Counsel for Respondent(s) :
(Rohit Ranjan Agarwal,J.) Shailendra Kumar And Another .....Petitioner(s) Sri Devlal And 6 Others .....Respondent(s) Digitally signed by :- VIDYA SAGAR SINGH High Court of Judicature at Allahabad