Allahabad High Court · 2025-09-25
FIRST APPEAL No. 21 of 2023 at Allahabad
- Citation / case number
- FIRST APPEAL No. 21 of 2023 at Allahabad
- Court
- Allahabad High Court
- Petitioner
- FIRST APPEAL No. 21 of 2023 at Allahabad
- Respondent
- Unknown
Judgment text excerpt
A.F.R. Judgment Reserved on- 15.09.2025 Judgment Delivered on- 25.09.2025 Neutral Citation No. - 2025:AHC:173156 Court No. - 35 Case :- FIRST APPEAL No. - 21 of 2023 Appellant :- Smt. Shikha Agrawal Respondent :- Sanjeev Garg(Deceased) & 3 Others Counsel for Appellant :- Anshul Kumar Singhal, Vinod Kumar Agrawal Counsel for Respondent :- Chandan Sharma, Shubham Tripathi Hon'ble Sandeep Jain, J. 1. The instant appeal under Section 96 CPC has been preferred by the plaintiff against judgment and decree dated 3.12.2022 passed by the court of Civil Judge(Senior Division) / FTC, Ghaziabad in O.S. no. 782 of 2021 Smt. Shikha Agrawal Vs. Sanjeev Garg (Deceased) through LR's whereby, the plaintiffs suit has been rejected under Order 7 Rule 11(d) CPC on the ground that plaintiff has sought the relief of declaration and permanent injunction regarding immovable property which is an agricultural land, which can only be granted by revenue Court. 2. Factual matrix is that the plaintiff Smt.Shikha Agrawal filed O.S. no. 782 of 2021 against his real brother Sanjeev Garg(died during pendency of suit) with the averments that their father Satyaprakash Garg died on 12.5.2009 leaving behind his wife Smt