The Allahabad High Court dismissed a first appeal filed by the appellant-defendant against an interim injunction order. The court held the appeal to be infructuous as the trial court had dismissed the plaintiffs'-respondents' suit earlier, rendering the interim order ineffective.
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Neutral Citation No. - 2024:AHC:118825
Court No. - 35
Case :- FIRST APPEAL FROM ORDER No. - 871 of 2024
Appellant :- Smt Shaheen Begum Respondent :- Wahid Hussain And Another Counsel for Appellant :- Krishna Mohan Garg Counsel for Respondent :- Abhay Mishra,Sumit Daga
Hon'ble Vipin Chandra Dixit,J.
This first appeal from order under Order 43 Rule 1(r) of C.P.C. has been filed by the appellant-defendant against the order dated 6.4.2024 passed by Civil Judge (S.D.), Moradabad in Original Suit No.1919 of 2023 (Wahid Hussain and another Vs. Smt. Shaheen Begum), by which application filed by plaintiffs-respondents for interim injunction (Paper No.6C) was allowed.
It is submitted by learned counsel for the appellant that the application filed by defendant-appellant before the trial court under Order 7 Rule 11 of C.P.C. was allowed by the trial court on 29.5.2024 and the plaint of the plaintiffs-respondents was rejected.
Since the suit of the plaintiffs-respondents was dismissed, the interim order granted by the trial court on 6.4.2024 has no effect and the present first appeal from order filed against injunction order has become infructuous.
Learned counsel appearing on behalf of plaintiffs-respondents has not disputed the aforesaid facts.
In view of above, the first appeal from order is dismissed as infructuous.
Order Date :- 25.7.2024 Kpy
Digitally signed by :- KAVLESHWAR PRASAD YADAV High Court of Judicature at Allahabad
2 issues framed by the court
Whether an appeal against an interim injunction order is maintainable when the original suit is admitted to be dismissed.
Whether the appeal becomes infructuous since the suit granting the substantive right to the injunction has been rejected.
1 provisions across 1 enactments
Shaheen Begum
Wahid Hussain
Vipin Chandra Dixit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
