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2025 DAILYLAW 122750 (ALL)

AKEEKUN NISHAN AND ANOTHER v. STATE OF U.P. THRU. ITS ADDL. CHIEF SECY. DEPTT. OF REVENUE LKO AND 5 OTHERS

A227/680/2025 · 2025-02-14

Pankaj Bhatia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:9748 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 680 of 2025 Petitioner :- Akeekun Nishan And Another Respondent :- State Of U.P. Thru. Its Addl. Chief Secy. Deptt. Of Revenue Lko And 5 Others Counsel for Petitioner :- Alok Kr. Misra Counsel for Respondent :- C.S.C.,Pankaj Gupta Hon'ble Pankaj Bhatia,J. 1. Heard learned Counsel for the petitioner. 2. The present petition has been filed with the following prayer: "Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to set aside the impugned part of order dated 18.10.2024 passed by learned Civil Judge (Junior Division), Kaiserganj, District Bahraich in Regular Suit No. 2190/2024 (Akeekun Nishan & others Vs. Gaon Sabha & others) whereby learned Civil Judge (Junior Division), Kaiserganj, District Bahraich declined to grant the ex-parte ad- interim injunction in favour of petitioners, in the interest of justice. Further this Hon'ble Court direct the learned Civil Judge (Junior Division), Kaiserganj, Bahraich that he re-consider the application under order 39 Rule 1&2 of CPC and pass the appropriate order for restraining the defendants of the suit to not interfere in the peaceful possession of petitioners and they also not cut the trees standing upon the Gata No.1022/0.1580 hectare situated at Village Harchanda, Tehsil Kaiserganj, District Bahraich, in the interest of justice." 3. Considering the submission of the Counsel for the petitioner only to the extent of deciding the application under Order 39 Rule 1 and 2, the present petition is disposed off directing the court below to consider and decide the said application in accordance with law with all expedition preferably within a period of four weeks from the date of production of a certified copy of this order. Order Date :- 14.2.2025 akverma Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench