Vivek Kumar @ Brahaspatmani Sharma vs Jogesh… — Writ and Judicial Review | Allahabad HC (2025)

Vivek Kumar @ Brahaspatmani Sharma vs Jogesh… — Writ and Judicial Review | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Petition disposed of treating it as a matter under Article 227 of the Constitution of India; defendant-revisionist permitted to file objections before the trial court against the plaintiff's temporary injunction application within two weeks; trial court directed to decide the application, considering those objections, within two months, strictly in accordance with law.

Issue for consideration

Whether an appeal under Order XLIII Rule 1(r) CPC or a civil revision under Section 115 CPC lies (is maintainable) against an order granting ad interim injunction. +1 more

Court's answer

Neither a miscellaneous appeal under Order XLIII Rule 1(r) CPC nor a civil revision under Section 115 of CPC lies against an order granting ad interim injunction.

Ratio / Principle

On the facts (co-ordinate Bench having directed conversion into civil revision and objections not yet filed), the petition was disposed of treating it as a matter under Article 227 of the Constitution of India, directing the defendant to file objections before the trial court against the plaintiff's temporary injunction application.

Key takeaways

Operative directions: if the defendant moves objections within two weeks, the trial court shall proceed with and decide the temporary injunction application, considering the defendants' objections, within a period of two months, strictly in accordance with law.ratio¶8
The Court expressly clarified that it did not adjudicate the matter on merits.obiter¶9

Detailed headnote1 paragraphs

Allahabad High Court (Rohit Ranjan Agarwal, J.; order dated 16.4.2025) in defendant's Civil Revision No. 49 of 2025 arising from an ad interim injunction granted by the trial court on 19.02.2025 in the plaintiff's suit: held that neither a miscellaneous appeal under Order XLIII Rule 1(r) CPC nor a civil revision under Section 115 CPC lies against an order granting ad interim injunction, taking the same view as its earlier decision in Civil Revision Defective No. 24 of 2025 (Tahir Hussain and 2 others vs. Taufiq Ahamad and 12 others), decided on 03.04.2025. Since a co-ordinate Bench had on 10.03.2025 directed conversion of the appeal into civil revision and the revisionist had not yet filed objections, the Court disposed of the petition treating it as a matter under Article 227 of the Constitution of India, directing the defendant to file objections before the trial court within two weeks, failing which window the trial court was to decide the temporary injunction application, considering the objections, within two months, strictly in accordance with law. The Court clarified that it had not adjudicated the matter on merits.

Neutral Citation No. - 2025:AHC:55687

Court No. - 9

Case :- CIVIL REVISION No. - 49 of 2025

Revisionist :- Vivek Kumar @ Brahaspatmani Sharma Opposite Party :- Jogesh Kumar And 8 Others Counsel for Revisionist :- Nishi Sengar

Hon'ble Rohit Ranjan Agarwal,J.

This is defendant's revision. In the suit filed by plaintiff/opposite party, an application for grant of temporary injunction was moved. The trial court on 19.02.2025 granted ad interim injunction and issued notice to defendants. Aggrieved by the said order, defendant had filed First Appeal From Order under Order XLIII Rule 1(r) CPC. The co-ordinate Bench of this Court on 10.03.2025 had directed the revisionist to get his appeal converted into civil revision. The matter has come up before this Court today.

From perusal of the order impugned, it is clear that the order of ad interim injunction granted by trial court is under challenge. Neither a misc. appeal under Order XLIII Rule 1(r) CPC or civil revision under Section 115 of CPC lies against the order granting ad interim injunction. This Court in Civil Revision Defective No. 24 of 2025 (Tahir Hussain and 2 others vs. Taufiq Ahamad and 12 others) , decided on 03.04.2025, has taken the same view.

However, looking to the facts of the case, as the co-ordinate Bench had directed the misc. appeal to be converted into civil revision and defendant-revisionist till date has not filed his objections, this writ petition is disposed of treating it to be Matters under Article 227 of Constitution of India, directing the defendant to file his objections before the trial court against the application moved by plaintiff for grant of temporary injunction. If the objections are moved within two weeks from today, the trial court shall proceed with temporary injunction application moved by plaintiff-opposite party and decide the same, considering the objections of defendants-revisionists, within a period of two months, thereafter, strictly in accordance with law.

It is made clear that this Court has not adjudicated the matter on merits.

Order Date :- 16.4.2025//V.S.Singh

Digitally signed by :- VIDYA SAGAR SINGH High Court of Judicature at Allahabad