Court No. - 30
Case :- MATTERS UNDER ARTICLE 227 No. - 4619 of 2019 Petitioner :- Brijrani Respondent :- Smt. Arti And 4 Others Counsel for Petitioner :- Pradeep Chauhan,Ram Sharan Giri
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner and Sri K.N. Yadav, learned counsel appearing for the respondents no. 1, 4 and 5 who states that he has filed a caveat in this case, however, the same has not been reported.
Present petition has been filed seeking setting aside of the orders dated 2.5.2019 passed by the Civil Judge (S.D.), Kannauj in Original Suit No. 192 of 2018, Brijrani Vs. Smt. Arti and others and allow the application of the applicant under Order 39 Rule 1 CPC. A further prayer in the nature of mandamus directing the court below to stay proceedings in Civil Suit No. 192 of 2018, Brijrani Vs. Smt. Arti and others which is pending before the Civil Judge (S.D.), Farrukhabad and direct maintenance of status quo till disposal of the aforesaid suit.
Learned counsel appearing for the respondents no. 1, 4 and 5 has raised a preliminary objection that this petition would not be maintainable against the order finally deciding the interim injunction application.
Learned counsel for the petitioner could not dispute the same.
This petition is, accordingly, dismissed on the ground of alternative statutory remedy. No costs.
Office is directed to return the certified copy of the impugned order to the learned counsel for the petitioner after keeping a photo stat copy of the same on record.
Order Date :- 29.5.2019 p.s.