Vimal Kumar Yadav vs Anwar Singh And Another
2023 Latest Caselaw 22421 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:166609
 
Court No. - 1
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 7272 of 2023
 

 
Petitioner :- Vimal Kumar Yadav
 
Respondent :- Anwar Singh And Another
 
Counsel for Petitioner :- Dhiraj Singh
 
Counsel for Respondent :- Dileep Kumar Pandey,Ram Kishore Pandey
 

 
Hon'ble Jayant Banerji,J.

1. Heard learned counsel for the petitioner and Shri R.K. Pandey, learned counsel appearing for the respondents.

2. This petition has been filed seeking the following relief:-

"i) to set aside the impugned judgment and order dated 06.04.2023 passed by District Judge District Firozabad in Misc. Civil Appeal No.61 of 2022 (Anwar Singh and another Vs. Vimal Kumar and others). Annexure No.1 to this petition)."

3. It appears from the record that the plaintiff-petitioner has instituted a suit for permanent injunction in which an application for temporary injunction was filed. By an order dated 17.10.2022, an injunction was granted in favour of the plaintiff-petitioner. Thereafter, the order dated 17.10.2022 was challenged in Misc. Civil Appeal No.61 of 2022 in which the impugned order dated 06.04.2023 was passed.

4. The contention of the learned counsel for the petitioner is that the trial court has justifiably passed the order of injunction and the appellate court has no right to set aside the order and remand the matter back to the trial court to pass fresh orders.

5. Shri R.K. Pandey, learned counsel for the respondents has opposed the petition and has stated that the appellate court was justified in remanding the matter back while setting aside the order dated 17.10.2022 passed by the trial court inasmuch as a crucial aspect of the matter regarding pendency of consolidation proceedings was not considered by the trial court while passing the order of injunction.

6. Having heard learned counsel for the parties, though it is apparent that the aspect that has been dealt with by the appellate court in its order dated 06.04.2023 regarding the trial court not recording a finding of ongoing consolidation proceedings, could well have been considered and adjudicated upon by the appellate court, however, given the fact that the matter has now been remanded to the trial court for consideration of the application for temporary injunction afresh, I see no reason to interfere in the present case.

7. The petition is, therefore, dismissed. It is, however, expected that the trial court shall proceed to consider the application paper no.6-C filed by the plaintiff-petitioner in accordance with law without granting any unnecessary adjournments to either of the parties.

Order Date :- 18.8.2023

SK

(Jayant Banerji, J.)