Kalyan Singh And 7 Others vs Dhaniram And Another
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Allahabad High Court

Kalyan Singh And 7 Others vs Dhaniram And Another on 16 January, 2026

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


Neutral Citation No. - 2026:AHC:10880
 

 
HIGH COURT OF JUDICATURE AT ALLAHABAD 
 
MATTERS UNDER ARTICLE 227 No. - 278 of 2026   
 
   Kalyan Singh And 7 Others    
 
  .....Petitioner(s)   
 
 Versus  
 
   Dhaniram And Another    
 
  .....Respondent(s)       
 
   
 
  
 
Counsel for Petitioner(s)   
 
:   
 
Gyan Prakash Tiwari, Kamlesh Tiwari   
 
  
 
Counsel for Respondent(s)   
 
:   
 
 
 
   
 
     
 
 Court No. - 5
 
   
 
 HON'BLE MANISH KUMAR NIGAM, J.      

1. This petition has been filed for the following relief:

"I. Issue order or direction directing the Learned Civil Judge, (J.D.), Mahakauni, District Lalitpur to decide the Original Suit No. 105 of 2025 (Dhaniram and others vs Kalyan Singh and others) expeditiously within stipulated period as fixed by this Hon'ble Court.

II. Issue a order or direction to stay ex-parte order dated 19.11.2025 passed by Civil Judge (J.D.) Maharauni, District Lalitpur on the Respondents/Plaintiffs application 6C of filed in under order 39, Rule 1 of C.P.C original Suit NO. 105 of 2025 (Dhaniram and others vs Kalyan Singh and others)."

2. The first prayer made in the petition is for expediting the suit of 2025 which cannot be granted by this Court in view of the judgment of this Court passed in the case of Ali Shad Usmani vs. Ali Isteba; 2015 (2) ADJ 250 (DB).

3. The second prayer made in the petition is to stay the ex-parte interim injunction order dated 19.11.2025. Against the order impugned, the petitioner is remedy of filing appeal under Order 43 Rule 1(r) C.P.C.

4. Since the petitioner has an alternative remedy, I am not inclined to entertain the instant petition.

5. Accordingly, the petition is disposed of with liberty to the petitioner to avail the remedy as available to him under law.

6. Certified copy of the orders, if any, be returned to learned counsel for the petitioner after retaining photo copy of the same.

(Manish Kumar Nigam,J.)

January 16, 2026

Ved Prakash