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2025 DAILYLAW 130387 (ALL)

SMT. PUSHPA SINGH AND ANOTHER v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME LKO AND 3 OTHERS

WRIC/2951/2025 · 2025-04-01

Om Prakash Shukla, Rajan Roy

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:17889-DB Court No. - 2 Case :- WRIT - C No. - 2951 of 2025 Petitioner :- Smt. Pushpa Singh And Another Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko And 3 Others Counsel for Petitioner :- Indra Pratap Singh Counsel for Respondent :- C.S.C. Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. 1. Ms. Raavipreet Singh, Advocate says that she has instructions to appear for opposite party No.4, who is son of the petitioners, however, she does not have the Vakalatnama. 2. Heard. 3. After hearing the matter at some length what comes out is that the petitioner No.1 has filed a suit seeking cancellation of gift deed executed by the petitioners in favour of opposite party No.4, their son and also seeking injunction. The civil court has declined to pass any exparte order granting temporary injunction in favour of the petitioners but instead has issued notice to the defendant therein. Subsequently, it appears that some other application has been moved by the petitioners and they want its disposal. If it is so then the remedy is before the Bench dealing with petitions under Article 227 of the Constitution of India. Even otherwise the petition is not happily worded. It seeks a direction to the opposite party No.4, which is a private party. We also find that some proceedings have been initiated before the opposite party No.2 or 3 as the case may be under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, if it so then the said proceedings can be pursued by the petitioners as per law. 4. With the aforesaid observations, the writ petition is disposed of. (Om Prakash Shukla, J.) (Rajan Roy, J.) Order Date :- 1.4.2025 -Piyush- Digitally signed by :- PIYUSH YADAV High Court of Judicature at Allahabad, Lucknow Bench