Munni Devi v. Kanpur Development Authority And 2 Others
Case at a glance
- Decided
- 07 Feb 2022
- Bench
- SIDDHARTH
Outcome
Dismissed
The petition is dismissed on
Provisions considered
- Code of Civil Procedure, 1908 O. 41 r. 1
Judgment
Operative part
Heard Shri Umesh Kumar Dubey, leared counsel for the petitioner and Shri Jai Singh and Shri Vineet Pandey, learned counsels for the respondents. Petitioner has approached this court against the order dated 26.11.2021 and decree dated 26.11.2021 passed by Civil Judge, (S.D.)/F.T.C., Kanpur Nagar in case no. 501 of 2020(Smt. Munni Devi Vs. Kanpur Development Authority and others) whereby temporary injunction initially granted to the plaintiff-petitioner on 8.10.2020 exparte has been set aside after hearing the learned counsel for the parties. Learned counsel for the petitioner has submitted that this order could not have been passed, the order dated 8.10.2020 of injunction was appealable. From perusal of the documents on record it appears that the temporary injunction order dated 8.10.2020 was ex parte order and after defendants heard the impugned order dated 26.11.2021 was passed whereby ex parte injunction granted in favour of plaintiff was set aside. The order dated 26.11.2021 is appealable under Order 41 Rule 1 C.P.C.,therefore the petition is not maintainable. The petition is dismissed on the ground of alternative remedy. Order Date :- 7.2.2022 Atul kr. sri. SRIVASTAVA Reason: Location: High Court of Judicature at Allahabad
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: The petition is dismissed on
Which statutory provisions did this judgment involve?
Code of Civil Procedure, 1908 — O. 41 r. 1.
Which court decided this case, and when?
Allahabad High Court, on 07 Feb 2022. The bench was SIDDHARTH.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.