Allahabad High Court
DHANANJAI KAUSHIK AND ANOTHERversusANIL KUMAR AND 34 OTHERS
- Decided
- Bench
- ROHIT RANJAN AGARWAL
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
- Code of Civil Procedure, 1908 — s. 96
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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