✦ Allahabad High Court · 07 Feb 2022

Munni Devi v. Kanpur Development Authority And 2 Others

No. 370 of 2022SIDDHARTH

Case at a glance

Decided
07 Feb 2022
Bench
SIDDHARTH

Outcome

Dismissed

The petition is dismissed on

Provisions considered

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.

Why is this linked?

This is the original judgment text, reproduced from the public court record. Always verify it against the official record before relying on it in a filing — check it on Allahabad High Court or eCourts case status (search case no. No. 370 of 2022). ← Search more judgments