HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 3768 of 2026
Court No. - 5
HON'BLE VIKAS BUDHWAR, J.
1. Sri Suresh Kumar Maurya, learned counsel for the petitioner has made
a statement at bar as per instructions received from his client that the suit
so instituted by the plaintiffs-respondents as well as the order dated
12.01.2026 passed by the Additional Civil Judge, Senior Division, Court
No. 2, Prayagraj cannot be sustained particularly when while planting an
imposter and playing fraud, a sale deed has been fabricated and on the
basis of the same, injunction has been obtained. He submits that the
defendant-petitioner shall file appeal under Order 43 Rule 1r of the CPC
but the contention so raised in the appeal be considered.
2. Having heard the counsel for the defendant-petitioner, the Court is of
the opinion that once the appeal is preferred under the statute then it is
always open for the defendant-petitioner to raise all legal and factual
questions which the Court has no reasons to disbelieve that the same shall
be considered strictly in accordance with law.
3. With the aforesaid observation, the writ petition stands disposed of.
March 25, 2026 Rajesh
Versus
Counsel for Petitioner(s) : Chandra Pal, Suresh Kumar Maurya Counsel for Respondent(s) :
(Vikas Budhwar,J.)
Kaneez Fatima .....Petitioner(s)
Ashif Ahamad And Another .....Respondent(s)