Rishab Singh And 3 Others vs Anil Kumar And 4 Others
2014 Latest Caselaw 8412 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 3
 

 
Case :- FIRST APPEAL FROM ORDER No. - 3009 of 2014
 

 
Appellant :- Rishab Singh And 3 Others
 
Respondent :- Anil Kumar And 4 Others
 
Counsel for Appellant :- Atul Yadav,Himanshu Mishra,Virender Singh,Zafar M. Naiyer
 

 
Hon'ble Rajiv Sharma,J.

Hon'ble Dinesh Gupta,J.

Heard Mr.Zafar M.Naiyer, Senior Advocate duly assisted by Mr.Himanshu Mishra, learned Counsel for the appellants.

The instant appeal arises out of issuance of notice under Order 39 Rule 1 and 2 in Original Suit preferred for permanent injunction which was registered as Original Suit No. 358 of 2010. While entertaining the FAFO, a Coordinate Bench of this Court vide order dated 7.11.2014 required the appellant to bring some authorities as to whether the instant FAFO is maintainable or not.

Today, Mr.Zafar M. Naiyer submits that issuance of notice amounts to an order and as such, the FAFO is maintainable under Order 43 Rule 1 (r) of Code of Civil Procedure. However, after arguing the matter at some length, he does not want to press the aforesaid appeal and as such, it may be dismissed as not pressed with liberty to approach appropriate forum as provided under law before the High Court.

Accordingly, we hereby dismiss the instant FAFO with liberty to approach appropriate forum as provided under law before the High Court.

Order Date :- 13.11.2014

lakshman