The Allahabad High Court dismissed a writ petition under Article 227 for lack of alternative remedy since the impugned order by the Civil Judge was appealable under Order XLIII, Rule 1(r) CPC.
Writ petition dismissed on the ground of alternative remedy.
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Neutral Citation No. - 2024:AHC:184012
Court No. - 9
Case :- MATTERS UNDER ARTICLE 227 No. - 10689 of 2024
Petitioner :- Ramchander Deceased And 3 Others Respondent :- Punvasi Bind And 28 Others Counsel for Petitioner :- Neelam Pandey,Rajeev Giri,Sanjay Kumar Mishra
Hon'ble Rohit Ranjan Agarwal,J.
The petitioner has an alternative remedy of filing misc. appeal under Order XLIII, Rule 1(r) C.P.C. as the order impugned has been passed by Civil Judge (Junior Division) Bhadohi rejecting the application for grant of temporary injunction.
As the order impugned is appelable, no writ petition under Article 227 of the Constitution of India lies.
Writ petition is dismissed on the ground of alternative remedy.
Order Date :- 25.11.2024 Kushal
Digitally signed by :- KUSHAL AGRAWAL High Court of Judicature at Allahabad
1 issue framed by the court
Whether a writ petition under Article 227 lies when an alternative remedy exists via appeal against the impugned order.
2 provisions across 2 enactments
Ramchander Deceased And 3 Others
Punvasi Bind And 28 Others
Rohit Ranjan Agarwal
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
