Allahabad High Court · 2025-09-25
FIRST APPEAL No. 719 of 2022 at Allahabad
- Citation / case number
- FIRST APPEAL No. 719 of 2022 at Allahabad
- Court
- Allahabad High Court
- Petitioner
- FIRST APPEAL No. 719 of 2022 at Allahabad
- Respondent
- Unknown
Judgment text excerpt
A.F.R. Judgment Reserved on- 16.09.2025 Judgment Delivered on- 25.09.2025 Neutral Citation No. - 2025:AHC:173194 Court No. - 35 Case :- FIRST APPEAL No. - 719 of 2022 Appellant :- Shailesh Kumar Respondent :- Smt. Vibha Gupta Counsel for Appellant :- Shashi Prakash Rai, Shrinath Counsel for Respondent :- Anand Kumar Srivastava, Udayan Nandan Hon'ble Sandeep Jain, J. 1. The instant appeal under Section 96 of the CPC has been filed by the plaintiff in O.S. No. 465 of 2017 Shailesh Kumar versus Smt. Vibha Gupta, against judgment and decree dated 4.5.2022 passed by the ACJM Court no. 3, Gautam Buddha Nagar, whereby the plaintiff 's suit has been rejected under Order 7 Rule 11 CPC on the ground that, one of the immovable property regarding which relief has been claimed by the plaintiff, was situated in District Auraiya, which was outside the jurisdiction of the Court and further, the plaintiff had not claimed relief of cancellation of lease deed executed in favour of the defendant by the Noida. 2. Factual matrix is that the plaintiff – appellant Shailesh Kumar filed O.S. no.465 of 2017 against the defendant Smt. Vibha Gupta with the averments that plaintiff was a freelance journalist by