PARSHURAM NISHAD v. CIVIL JUDGE ( J.D.) KADIPUR DISTT. SULTANPUR AND 2 OTHERS
A227/2092/2025 · 2025-04-15
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 133854 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 133854 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:20983 Court No. - 6 Case :- MATTERS UNDER ARTICLE 227 No. - 2092 of 2025 Petitioner :- Parshuram Nishad Respondent :- Civil Judge ( J.D.) Kadipur Distt. Sultanpur And 2 Others Counsel for Petitioner :- Jitendra Kumar Pandey,Ankit Pandey Hon'ble Pankaj Bhatia,J.
1. Heard learned counsel for the parties and perused the record.
2. The present writ petition has been filed by the petitioner with the following prayer :-
"(i). Issue order or direction to the opposite party no.2 and 3 by restraining by opp. party no.2 and 3 to not interfere in peaceful possession over the land in dispute i.e. Gata No.338 area 1 Biswa 1 Biswansi situated at Village-Hameedpur, Pargana- Aldemau, Tehsil-Kadipur, District-Sultanpur till the disposal of temporary injunction application pending in Suit No.03/2025, Parshuram Nishad V/s Jasmati and others, in the interest of justice."
3. The submission of the counsel for the petitioner is that despite there being an urgency, no injunction was granted and the respondents have already raised construction up to six feet as is evident from the Commissioner's report.
4. Considering the fact that the injunction application is yet to be disposed of, the present petition is disposed of directing the Civil Judge, Junior Division to hear and decide the injunction application of the petitioner in accordance with law within a period of four weeks. Till the disposal of the injunction application, the parties shall
maintain status quo. It is however directed that any observation made in this order shall not come in the way of the Civil Judge deciding the injunction application on its own merit. Order Date :- 15.4.2025 Arun Digitally signed by :- ARUN KUMAR High Court of Judicature at Allahabad, Lucknow Bench