Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:16983 Court No. - 6 Case :- MATTERS UNDER ARTICLE 227 No. - 1575 of 2025 Petitioner :- Sayyed Farooq Ahmad Respondent :- Mahmood Ahmad And 7 Others Counsel for Petitioner :- Vinod Kumar Yadav Hon'ble Pankaj Bhatia,J.
1. Heard learned Counsel for the petitioner.
2. The present petition has been filed challenging an order dated 05.03.2025 passed in Execution Case No.4 of 2018 (Mateen Ahmad and others vs Mahmood Ahmad and others), whereby the court has adjourned the disposal of the execution in view of the orders status quo being passed on 12.02.2025 by the revisinoal court.
3. The contention of the Counsel for the petitioner is that an execution case was filed and subsequently on the basis of some orders passed, a revision came to be filed, in which an order was passed on 12.02.2025, which is on record as Annexure-8. In terms of the said order, the parties were directed to maintain status quo in respect of the disputed house till the next date of listing. In view of the said order, the executing court adjourned the matter.
4. The submission of the Counsel for the petitioner is that the orders of a status quo does not amount to staying any action or proceedings.
5. The said argument is ill founded inasmuch as the Division Bench in Writ Petition No.76722 of 2005 (Bunda and others vs State of U.P. and others): decided on 25.05.2012, while interpreting the provisions of the Land Acquisition Act held that the order of status quo would not mean that the proceedings under the Land Acquisition Act cannot be initiated and no authority can be passed. The said analogy cannot be argued in the facts of the present case where the specific
order of status quo with regard to the house in question was passed. Finding the argument to be misplaced, no interference is called for and the writ petition is dismissed.
6. It is however directed that the Revision No.5 of 2025 shall be decided in accordance with law with all expedition preferably within a period of six months from the date of production of a certified copy of this order.
Order Date :- 25.3.2025 akverma Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench