HIGH COURT OF JUDICATURE AT ALLAHABAD Satya Homes Private Limited .....Appellant(s)

Versus Fundan And 3 Others .....Respondent(s)

Counsel for Appellant(s) : Nisheeth Yadav Counsel for Respondent(s) : Anil Kumar Mehrotra, Ashwani Kumar Patel, Mehul Khare, Pragya Pandey AFR Reserved on 5.5.2026 Delivered on 11.5.2026 Court No. - 39 HON'BLE ABDUL SHAHID, J.

1. Heard Sri C.B. Yadav, learned Senior Advocate assisted by Sri Nisheeth Yadav, learned counsel for the plaintiff/appellant and Sri A.K. Mehrotra, learned Senior Advocate assisted by Sri A.K. Patel and Sri Srijan Mehrotra, learned counsel for defendants/respondents.

2. The present First Appeal from Order has been preferred against the impugned order dated 5.9.2025, passed by learned Civil Judge (Senior Division), Gautam Buddh Nagar in Civil Suit No. 1183 of 2023 (Satya Homes Pvt. Ltd. Vs. Fundan and others), whereby the application of the plaintiff/appellant bearing application No. 6C-2 has been rejected and objection (34-C-2) filed by defendants/respondents has been disposed of.

3. Learned Senior Counsel appearing for the plaintiff/appellant has submitted that the learned trial court has not considered the law laid down by the Supreme