Dismissed

Ganesh Bihari Tripathi v. Nagar Panchayat Bharatganj and 2 Others

Allahabad HC7 Jul 2023A227/5453/2023

Case brief

AI extract

What is this about?

The petitioner filed an Article 227 petition challenging the institution of civil suit proceedings, contending concealment of material facts and circumvention of prior orders. The court held an adequate alternative remedy exists under the CPC and dismissed the petition as unnecessary interference.

What did the court decide?

Petition dismissed; no direction to expunge proceedings.

Ganesh Bihari Tripathi Vs Nagar Panchayat… — Civil Procedure and Limitation | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:134363

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Court No. - 1

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Case :- MATTERS UNDER ARTICLE 227 No. - 5453 of 2023

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Petitioner :- Ganesh Bihari Tripathi Respondent :- Nagar Panchayat Bharatganj And 2 Others Counsel for Petitioner :- Ashwaini Mishra,Dhruv Mishra

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Hon'ble Jayant Banerji,J.

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Heard learned counsel for the petitioner.

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This petition under Article 227 of the Constitution of India has been filed with the following prayers:-

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"(i). Expunge the entire proceedings of case no.141 of 2015 Nagar Panchayat Bharat Ganj and others Vs. Ganesh Bihari Tripathi pending before the Additional Civil Judge (Senior Division), Court No.16, District Allahabad.

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(ii). Issue any direction as this Hon'ble Court may please to deem fit and proper in circumstances of the case.

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(iii) Award the cost of the petition in favor of petitioner."

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It is stated by the learned counsel for the petitioner that Suit No.141 of 2015 has been filed by the respondent nos.1 and 2 against the petitioner seeking a decree of permanent injunction restraining the defendant from evicting the plaintiffs over the property in dispute detailed in the plaint. It is further stated that an application under Order VII of the Code of Civil Procedure has been filed. It is contended that it is an attempt by the plaintiff-respondents to circumvent various orders passed by this Court as well as by the Supreme Court in respect of the property in dispute and, it is contended, the plaint has also been filed by concealing material fact and as such the proceedings of the suit should be expunged. It is stated that this Court has ample power under Article 227 of the Constitution of India to expunge such proceedings.

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It requires no elaboration that an adequate alternative remedy is available to the petitioner under the provisions of the Code of Civil Procedure, 1908 itself. Though the petitioner has purportedly filed the application under Order VII, however, it is not mentioned therein that under which Rule of Order VII, CPC it has been filed. If it is the case of the petitioner that the plaint ought to be rejected, then it is for him to move an appropriate application before the trial court. No interference is called for in the present petition.

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The petition is, accordingly, dismissed .

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The Registrar (Compliance) is directed to send a copy of this order to the concerned court within fifteen days.

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Order Date :- 7.7.2023 SK

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(Jayant Banerji, J.)

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Digitally signed by :- SUSHEEL KUMAR High Court of Judicature at Allahabad

Ganesh Bihari Tripathi v. Nagar Panchayat Bharatganj and 2 Others

Case brief

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Ganesh Bihari Tripathi v. Nagar Panchayat Bharatganj and 2 Others

Case brief

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What the court decided

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