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Allahabad High Court

DHANANJAI KAUSHIK AND ANOTHERversusANIL KUMAR AND 34 OTHERS

Decided

Holding

The writ petition is dismissed as an alternative remedy of a civil appeal under Section 96 CPC is available.

Summary

The petitioners filed a writ petition under Article 227 challenging a judgment and decree dated 18 August 2026 that dismissed the suit filed by the plaintiff. The petition contended that the order was appealable as a civil appeal under Section 96 of the Civil Procedure Code. The Court examined whether the writ petition was maintainable given the existence of an alternative remedy in the form of a civil appeal. It held that the order was indeed appealable under Section 96 CPC, rendering the writ petition unnecessary. Consequently, the writ petition was dismissed on the ground of an alternative remedy, and the certified copy of the judgment was ordered to be returned to the petitioners' counsel.

Issues considered

  • Whether the order impugned is appealable as a civil appeal under Section 96 CPC
  • Whether a writ petition under Article 227 is maintainable when an alternative remedy of a civil appeal is available

Legislation cited

Subjects

  • Article 227
  • writ petition
  • alternative remedy
  • Civil Procedure Code
  • Section 96
  • civil appeal
  • High Court

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                MATTERS UNDER ARTICLE 227 No. - 12991 of 2026

                                    Dhananjai Kaushik And Another
                                                                                              .....Petitioner(s)
                                                                      Versus

                                    Anil Kumar And 34 Others
                                                                                            .....Respondent(s)

                                    Counsel for Petitioner(s)      : Ashutosh Gupta, Darshanik Sonker,
                                                                     Sandeep Kumar Chaurasiya
                                    Counsel for Respondent(s)      :


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

                                    1. Present writ petition has been filed against the judgment and decree
                                    dated 18.08.2026 whereby the suit filed by the plaintiff was dismissed.

                                    2. Order impugned is appealable as a civil appeal lies under Section 96
                                    CPC.

                                    3. Writ petition stands dismissed on the ground of alternative remedy.

                                    4. Office to return certified copy of the judgment to the petitioners'
                                    counsel within 48 hours.



                                                                                  (Rohit Ranjan Agarwal,J.)
                                    September 18, 2026
                                    SK Goswami




Digitally signed by :-
SHIVAKANT GOSWAMI
High Court of Judicature at Allahabad


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