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2025 DAILYLAW 112209 (ALL)

SMT. SUMITRA DEVI v. GRAM PANCHAYAT MUSAFA PARGANA KODA AND ANOTHER

A227/15955/2024 · 2025-09-14

Manish Kumar Nigam

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 15955 of 2024 Court No. - 9 HON'BLE MANISH KUMAR NIGAM, J. 1. This petition has been filed for the following reliefs:- "(A). Issue an order or direction, to direct the defendants/respondents to remove the Nali from Plot No.202 situated in Village Mohaddipur Chak Patti, Post Office Musafa, Pargana-Koda, Tehsil-Bindki, District- Fatehpur. (B). Issue an order or direction, to summon the defendants by the District Administration and take appropriate action against them for disobeying the decree dated 10.5.2011 passed by Additional Civil Judge (Jr.Div) Court No.16, Fatehpur." 2. Contention of learned counsel for the petitioner is that a decree has been passed in favour of the petitioner on 10.05.2011 restraining the defendants from construction of Nali over the land in dispute. In pursuance of execution of the decree, the petitioner was put in possession over the land in dispute and the decree was satisfied. 3. Now this petition has been filed with an allegation that respondents are again interfering by trying to construct Nali. This court is not an executing court for executing the decrees passed by the court below. Petitioner may file an appropriate application under C.P.C. for redressal of his grievances. 4. Accordingly, the petition is disposed of with liberty to the petitioner to Versus Counsel for Petitioner(s) : Sharad Malviya Counsel for Respondent(s) : Azad Rai, C.S.C. Smt. Sumitra Devi .....Petitioner(s) Gram Panchayat Musafa Pargana Koda And Another .....Respondent(s) avail the remedy as available to her under law. September 15, 2025 Nitika Sri. A227 No. 15955 of 2024 2 (Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad