Disposed

Kishori Lal v. Manjeet Kumar Chauhan and 6 Others

Allahabad HC8 Mar 2022A227/978/2022

Case brief

AI extract

What is this about?

The High Court held that the order remanding a matter for fresh orders was not a fit case for interference under Article 227 on merits. However, an order to dispose of the temporary injunction within two months and maintain the status quo was issued pending disposal.

What did the court decide?

Direction to dispose of temporary injunction application within two months and maintain status quo on suit property.

Kishori Lal Vs Manjeet Kumar Chauhan and 6 Others — Property and Title | Allahabad HC (2022)

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Court No. - 4

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Case :- MATTERS UNDER ARTICLE 227 No. - 978 of 2022

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Petitioner :- Kishori Lal Respondent :- Manjeet Kumar Chauhan And 6 Others Counsel for Petitioner :- Chandra Shekhar Rai Counsel for Respondent :- Mahendra Singh

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Hon'ble Salil Kumar Rai,J.

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Heard the counsel for the parties.

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The present petition has been filed challenging the order dated 8.12.2021 passed by the Additional District Judge, Court No. 01, District Varanasi in Misc. Appeal No. 127 of 2017.

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The appeal was filed by the defendant against the order dated 13.9.2017 passed by the trial court, i.e., the IV Civil Judge (Junior Division), Varanasi in Original Suit No. 427 of 2012 whereby the trial court had allowed the application of the plaintiff - petitioner filed under Order 39 Rules 1 and 2 of the Code of Civil Procedure, 1908 for temporary injunction.

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Through the order dated 8.12.2021, the appellate court has setaside the order of temporary injunction and has remanded back the matter to the trial court to pass fresh orders on the application of the plaintiff - petitioner.

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As, through the impugned order, the appellate court has only remanded back the matter to the trial court and the parties shall have the opportunity to present their case before the trial court, therefore, it is not a fit case for interference by this Court under Article 227 of the Constitution of India on merits of the order dated 8.12.2021, at this stage.

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However, in the interest of justice, it is directed that the trial court shall decide the application for temporary injunction within a period of two months from today and till the disposal of the application for temporary injunction filed by the petitioner before the trial court, parties shall maintain statusquo regarding the suit property.

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With the aforesaid direction, the writ petition is disposed of .

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Order Date :- 8.3.2022 Satyam

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Digitally signed by SATYAM AGRAHARI Date: 2022.03.08 17:07:53 IST Reason: Location: High Court of Judicature at Allahabad

Kishori Lal v. Manjeet Kumar Chauhan and 6 Others

Case brief

What is this about?

What did the court decide?

Kishori Lal v. Manjeet Kumar Chauhan and 6 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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