Mandeep Singh vs Nagar Palika Parishad

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(All) 3240

IN THE HIGH COURT OF ALLAHABAD
ROHIT RANJAN AGARWAL
Mandeep Singh – Appellant
Versus
Nagar Palika Parishad – Respondent

Advocates Appeared:
For the Appellants : Manan Kumar Choubey, Onkar Nath Vishwakarma, Satish Tripathi
For the Respondent: Sharad Sharma

Table of Content
1. hearing of petitioners and respondents. (Para 1)
2. arguments regarding the appropriateness of appeal. (Para 2 , 3 , 4)
3. set aside of the district judge's order. (Para 5)
4. direction for trial court to expedite decision. (Para 6 , 7)

JUDGMENT :
Rohit Ranjan Agarwal, J.

1. Heard Sri Pradeep Kumar learned senior Advocate for the petitioners and Sri Sharad Sharma, learned counsel for the respondents No.2 and 3.

2. It is contended by learned counsel for the petitioners that in the suit filed for permanent injunction, an application for grant of temporary injunction was moved in which the Court below, after recording reasons, as provided in proviso to Rule 3 of Order XXXIX C.P.C. had issued notice to the defendants and till the next date of listing had passed the order of status quo. Aggrieved by the order granting ad interim injunction, a misc. appeal has been preferred by the contesting defendant-respondent.

3. Learned counsel for the petitioners submits that against the order granting ad interim injunction, no misc. appeal lies under Order XLIII Rule 1(r) C.P.C. and the only remedy was to either file stay vacation application or to have approach this Court under Arti

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