RAJESH KUMAR AWASTHI v. RAKESH KUMAR AWASTHI AND 2 OTHERS
A227/1480/2025 · 2025-03-19
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 129071 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 129071 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:15789 Court No. - 6 Case :- MATTERS UNDER ARTICLE 227 No. - 1480 of 2025 Petitioner :- Rajesh Kumar Awasthi Respondent :- Rakesh Kumar Awasthi And 2 Others Counsel for Petitioner :- Rajesh Kumar Sharma Hon'ble Pankaj Bhatia,J.
1. Present petition has been filed with the following prayer:
"1. Issue a suitable order or direction to the Court of Learned Civil Judge (Junior Division) Lakhimpur Kheri to decide the Application under order 39 rule 1 & 2 C.P.C. in regular Suit No.217/ 2025 "Rajesh Kumar Awasthi Vs. Rakesh Kumar Awasthi & others" within stipulated period as well as petitioner further prayed that issue a order or direction to the private respondent to maintain status quo upon the land in question."
2. Considering the fact that in the suit filed and the injunction application, there is no allegation that the constructions are being raised, the request of the petitioner to restrain the respondents from raising construction cannot be granted at this stage.
3. However, the petitioner would be at liberty to move an appropriate application seeking injunction which shall be decided in accordance with law, preferably within a period of four weeks from the date of filing of the said application.
4. Present petition stands disposed off in above terms. Order Date :- 19.3.2025 nishant Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench