GIRIJA SHANKAR Vs. NAGAR PANCHAYAT, SHANKAR GARH

JUDGEMENT

(1.) By this writ petition the petitioner is challenging the order dated 10.10.2012 passed by the respondent No. 6 on the application No. 6(Ga)/2 and affidavit 7(Ga)/2 for grant of temporary injunction wherein notices have been issued to the opposite party. This writ petition is not maintainable as the petitioner has statutory remedy by way of appeal under Order XLIII, Rule 1(r), C.P.C., in view of the decision of the Full Bench in the case of, Zila Parishad, Budaun and others v. Brhma Rishi Sharma, 1970 AIR(All) 376 the relevant portion of the Full Bench decision of this Court is in paras 16 and 18 which read as follows:

(2.) Subsequently the above Full Bench decision has been followed by this Court in the case of Mohd. Rafi Khan (Dr.) v. District Judge, Aligarh, 1996 27 AllLR 149. The relevant paragraph is para-5 which reads as follows: