Smt.Durgawati Devi And 2 Others vs Shri Jain Shwetambar Tirth ...
2023 Latest Caselaw 26039 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:184100
 
Court No. - 1
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 7877 of 2023
 
Petitioner :- Smt.Durgawati Devi And 2 Others
 
Respondent :- Shri Jain Shwetambar Tirth Society And 2 Others
 
Counsel for Petitioner :- Ravi Prakash Pandey
 
Counsel for Respondent :- Santosh Kumar Kesarwani
 

 
Hon'ble Jayant Banerji,J.

Heard learned counsel for the petitioners and Shri Santosh Kumar Kesarwani, learned counsel appearing for the respondent no.1.

This petition has been filed seeking the following relief:-

"i. TO ISSUE suitable order or direction to call for the record and set aside the judgment and order dated 31.5.2023 passed by Additional Civil Judge (J.D.), Court No.5, District Varanasi in Civil Suit No.1323/2023 (Durgawati Devi & others Vs. Shri Shwetambar Tirth Society & others) whereby the 6C Application filed by the petitioners herein has been dismissed [filed as Annexure No.4 to this petition].

ii. TO ISSUE suitable order or direction to the Additional Civil Judge (J.D.), Court No.5, District Varanasi that till the final disposal of the present petition the order dated 15.5.2023 passed by him may remain operative. "

Evidently, in a suit filed by the petitioners seeking a relief of permanent injunction, their application for temporary injunction has been dismissed by the order dated 31.05.2023.

Learned counsel for the respondent no.1 points out that under Order XLIII, Rule 1(r) CPC, the aforesaid order is appealable.

That being the case, no interference is called for.

The petition is, therefore, dismissed. It is always open for the petitioners to approach the competent court to file an appeal in accordance with law.

Order Date :- 22.9.2023/SK

(Jayant Banerji, J.)