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2025 DAILYLAW 121156 (ALL)

MANGAL PRASAD GUPTA v. MANOJ KUMAR AND 7 OTHERS

A227/556/2025 · 2025-02-13

Pankaj Bhatia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:9248 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 556 of 2025 Petitioner :- Mangal Prasad Gupta Respondent :- Manoj Kumar And 7 Others Counsel for Petitioner :- J.P. Shukla Counsel for Respondent :- Basant Pandey,Desh Deepak Singh Hon'ble Pankaj Bhatia,J. 1. The present petition has been filed challenging the order dated 23.07.2018, whereby the injunction application filed in Regular Suit No.14 of 2018 was rejected as well as the order dated 30.09.2024, whereby the miscellaneous appeal preferred against the order dated 23.07.2018 was also dismissed. 2. Both the orders impugned record that the petitioner could not establish prima facie case with regard to the ownership of the property in question. Before this Court also, there is no material to suggest that the petitioner was in possession where he was raising construction. 3. In view thereof, no interference is called for. The writ petition is dismissed. 4. However, it is provided that the trial court shall endeavour to decide the suit expeditiously without giving any unnecessary adjournments to any of the parties. 5. The findings recorded in both the orders impugned shall not come in the way of deciding the suit. 6. This order has been passed in the presence of Sri Desh Deepak Singh, learned Counsel for the opposite party. Order Date :- 13.2.2025 akverma Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench