Patna High Court dismissed a civil miscellaneous application as not maintainable. The petitioner had the remedy of filing an appeal regarding the rejection of an injunction application by the subordinate court.
The civil miscellaneous application is dismissed as not maintainable.
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Patna High Court C.Misc. No.45 of 2017 (2) dt.23-01-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL MISCELLANEOUS JURISDICTION No.45 of 2017
====================================================== Akhileshwar Singh @ Akhileshwar Kumar Singh
.... .... Petitioner/s
Versus The State of Bihar & Ors .... .... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Manish Chandra Gandhi For the Respondent/s : Mr. Subhash Chandra Yadav- Gp15 ====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER
Heard the learned counsel for the petitioner and the learned counsel for the respondents.
It appears that this civil miscellaneous application has been filed against the order dated 27.04.2016 passed by Sub Judge V, Civil Court, Begusarai in Title Suit No.254 of 2003 whereby the Court below rejected the injunction application which is appealable under Order 43 Rule 1(r) C.P.C.
In view of the above facts and the fact that the petitioner has got remedy under the Code of Civil Procedure, this civil miscellaneous application is not maintainable and accordingly, it is dismissed. However, if the petitioner, if so advised, may file appeal before the appropriate forum.
(Mungeshwar Sahoo, J)
Saurabh/U T
1 issue framed by the court
Whether this civil miscellaneous application is maintainable when an appeal remedy exists under Order 43 Rule 1(r) CPC.
1 provisions across 1 enactments
Akhileshwar Singh @ Akhileshwar Kumar Singh
The State of Bihar
Mungeshwar Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
