ASGAR ALI Vs. DISTRICT JUDGE, VARANASI AND OTHERS

JUDGEMENT

(1.) Heard Sri Manish learned Counsel for the petitioner. The petitioner has preferred an appeal against the preliminary decree. This appeal has been dismissed as not maintainable by the learned District Judge, Varanasi by order, dated 7-1-1999 on the ground that the final decree has been passed in Misc. Case No. 44 of 1995 and therefore, preliminary decree has merged in the final decree.

(2.) After having heard the learned Counsel for the petitioner, that the appeal has been rightly dismissed and is not maintainable as a final decree had been passed by this Court. No interference under Art. 226 of the Constitution of India. The writ petition is dismissed.

(3.) However, the petitioner may file an appeal to challenge the final decree passed in Misc. Case No. 44 of 1995. In the said appeal he may also challenge the preliminary decree.