Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:16105 Court No. - 6 Case :- MATTERS UNDER ARTICLE 227 No. - 1342 of 2025 Petitioner :- Mustaq Respondent :- Smt. Ameena And 2 Others Counsel for Petitioner :- Rajesh Kumar,Devdutt Prakhar,Krishna Kumar Seth,Rekha Verma Counsel for Respondent :- Firoz Ahmad Khan Hon'ble Pankaj Bhatia,J.
1. Heard learned counsel for the petitioner, Sri Firoz Ahmad Khan, learned counsel appearing on behalf of the respondents and perused the material brought on record.
2. The present petition has been filed by the petitioner challenging an order dated 30.11.2024 whereby the Miscellaneous Appeal filed by the petitioner challenging an
order dated 26.07.2023 was allowed.
3. The contentions of the counsel for the petitioner in brief are that the respondents instituted a suit for cancellation of a gift executed in favour of the petitioner. In the said suit filed in the year 2019, the injunction application was pressed and was dismissed on 26.07.2023 by the Civil Court. The said order was challenged in an appeal.
4. The Appellate Court was of the view that certain important materials were not considered by the Civil Judge while rejecting the injunction application, however, it also recorded that the issue with regard to validity of the "Hibbanama" is in issue as is to be decided before the rights of the parties can be decided. The Appellate Court set aside the order of the Civil Judge passed on 26.07.2023, whereby the injunction was refused and directed that the parties shall maintain status quo till the decision of the suit.
5. The contention of the counsel for the petitioner is that admittedly, crops of the petitioner are standing over the property in question and in view of the order of status quo, an unnecessary dispute is arising with regard the standing crops. He however, has no objection, if the parties are directed not to create any third party rights till the decision of the suit. This contention is also acceptable to the counsel for the respondent.
6. In view thereof, the order dated 30.11.2024 is modified to the extent that the parties shall not any third party rights over the property in question till the disposal of the suit. Both the parties
shall cooperate in the earlier disposal of the suit. The Civil Judge shall try to dispose of the suit without giving any unnecessary adjournment to either of the party.
7. It is further clarified that the standing crops can be harvested by the petitioner.
8. The petition is disposed of in terms of the above.
Order Date :- 20.3.2025 Ashutosh Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench