Allahabad High Court

MOHD IFTAKHAR ALIversusISHARAT KHATOON AND 8 OTHERS

Decided: 8 September 2026
Bench: ROHIT RANJAN AGARWAL

Holding

The writ petition is dismissed and the remand order stands.

Summary

The petitioner filed a writ petition under Article 227 challenging a remand order issued by the High Court. The underlying dispute involved an eviction suit filed by the petitioner against the respondents. During the suit, the respondents moved an application under Order VII Rule 11 of the CPC, which the trial court dismissed, leading to a civil revision that was partly allowed and the matter remitted back to the trial court to reconsider the Order VII Rule 11 application. The petitioner sought interference with the remand order, arguing it was erroneous. After hearing counsel and reviewing the record, the Court found no ground for interference and dismissed the writ petition, directing the trial court to decide the Order VII Rule 11 application within two months.

Issues considered

Whether the High Court can interfere with its own remand order under Article 227
Whether the petitioner has a cause of action to challenge the remand order in a writ petition

Legislation cited

Code of Civil Procedure, 1908 — s. Order VII Rule 11

Subjects

eviction
Civil Procedure Code
Order VII Rule 11
remand order
writ petition
Article 227
civil revision

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 12398 of 2026

Mohd Iftakhar Ali
.....Petitioner(s)
Versus

Isharat Khatoon And 8 Others
.....Respondent(s)

Counsel for Petitioner(s) : Shyam Babu Vaish
Counsel for Respondent(s) :

Court No. - 9
HON'BLE ROHIT RANJAN AGARWAL, J.

1. This writ petition has been filed against the remand order. Plaintiff
petitioner had filed a suit for eviction of the defendants from the property
in dispute. In the said suit an application under Order VII Rule 11 CPC
was moved by the defendants which was dismissed, against which a civil
revision was preferred, which was partly allowed and matter has been
remitted back to the trial court to decide the application under Order VII
Rule 11 CPC afresh.

2. I have heard learned counsel for petitioner and perused the material on
record. No case for interference is made out.

3. Writ petition is dismissed, accordingly.

4. Trial court to proceed with the matter, post remand, and decide the
application under Order VII Rule 11 CPC, in accordance with law, after
hearing all affected parties, preferably within a period of two months from
the date of receipt of a certified copy of this order.

(Rohit Ranjan Agarwal,J.)
September 9, 2026
Shekhar

Digitally signed by :-
SHASHI SHEKHAR PANDEY
High Court of Judicature at Allahabad

Continue reading with your account

Checking your session…