Kaneez Fatima v. Ashif Ahamad And Another

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)