(1.) Hari Krishna Srivastava is before this Court assailing the order dated 2.11.2016 passed by the Civil Judge (Junior Division)/F.T.C., Allahabad in Original Suit No. 1193 of 2013 on application (53) filed by the petitioner and the order dated 5.7.2017 passed by the Additional District Judge, Court No. 16, Allahabad in Civil Revision No. 103 of 2016.
(2.) Record in question reflects that the contesting respondents-plaintiffs filed Original Suit No. 1197 of 2013 (Chintamani and others v. Hari Krishna Srivastava and others ) for permanent injunction for restraining the defendants/petitioners from peaceful possession of the land and Chakroad No. 1594 situated in Village Bendo, Tehsil Karchhana, Allahabad. The petitioner along with defendant nos. 2 and 3 filed written statement in Original Suit No. 1197 of 2013. On 14.5.2013 the Additional Civil Judge (Junior Division), Court No. 15, Allahabad granted an interim injunction in favour of respondents-plaintiffs. On 22.7.2013 the petitioner filed an application (53-C) under Order 7, Rule 11 CPC for rejection of the plaint on the ground that the controversy in hand has already been settled by this Court in Writ Petition No. 4377 of 2006. The Civil Judge (Junior Division)/FTC, Allahabad vide his order dated 2.11.2016 has rejected the application (53C) on the ground that at present, the evidences are being led and after conclusion of the evidence the said issue can only be decided and as such, the application could not sustain. The petitioner filed Civil Revision No. 103 of 2016 in the Court of District Judge, Allahabad assailing the order dated 2.11.2016. By the impugned order dated 5.7.2017 the Additional District Judge, Court No. 16, Allahabad has dismissed the revision filed by the petitioner, giving rise to the writ petition.
(3.) Learned counsel for the petitioner could not point out any manifest error apparent on the face of record in the impugned orders so as to justify interference by this Court in extra ordinary jurisdiction under Article 227 of the Constitution of India.
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