Allahabad High Court · 2025-10-06
SECOND APPEAL No. 723 of 2025 at Allahabad
- Citation / case number
- SECOND APPEAL No. 723 of 2025 at Allahabad
- Court
- Allahabad High Court
- Petitioner
- SECOND APPEAL No. 723 of 2025 at Allahabad
- Respondent
- Unknown
Judgment text excerpt
HIGH COURT OF JUDICATURE AT ALLAHABAD SECOND APPEAL No. - 723 of 2025 Tarkeshwar Pandey .....Appellant(s) Versus Deena Nath Yadav And 6 Others .....Respondent(s) Counsel for Appellant(s) : Indra Prakash, Ram Brij Napit Counsel for Respondent(s) : Bhrigu Jee Singh A.F.R. Court No. - 36 HON'BLE DR. YOGENDRA KUMAR SRIVASTAVA, J. 1. Heard Sri Ram Brij Napit, learned counsel for the appellant and Sri Bhrigu Jee Singh, learned counsel appearing for the respondent no.1. 2. This is a plaintiff's second appeal under Section 100 of the Code of Civil Procedure, 1908 (C.P.C.), directed against an order dated 20.3.2025 passed by the District Judge, Ballia in Civil Appeal No. 123 of 2023 [Tarkeshwar Pandey Vs. Deenanath and Others]. The aforesaid Civil appeal had been filed against an order dated 25.7.2023 whereby the application bearing paper no.6C2 seeking injunction filed by the appellant (the plaintiff in the suit), had been rejected. 3. Stamp Reporter has submitted a report stating that the instant appeal appears to be not maintainable as it is filed against an order passed in a miscellaneous appeal. 4. Counsel for the appellant has sought to urge that since the order which is sought to be