SMT.KIRAN DEVI v. LEARNED COURT OF CIVIL JUDGE (SENIOR DIVISION) COURT NO 20 BARABANKI AND 4 OTHERS
A227/2114/2025 · 2025-04-11
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 134341 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 134341 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:20722 Court No. - 6 Case :- MATTERS UNDER ARTICLE 227 No. - 2114 of 2025 Petitioner :- Smt.Kiran Devi Respondent :- Learned Court Of Civil Judge (Senior Division) Court No 20 Barabanki And 4 Others Counsel for Petitioner :- Ambuj Singh,Ashish Kumar Singh,Nritika Singh Counsel for Respondent :- C.S.C. Hon'ble Pankaj Bhatia,J.
1. On an urgent mention being made, the petition has been called for and is being with the leave of the Court.
2. Heard learned counsel for the petitioner and learned Standing Counsel for the State.
3. It is argued by learned counsel for the petitioner that on account of the defendants to the suit encroaching upon the property of the plaintiff/petitioner, Civil Suit No.416 of 2025 (Shiv Dayal and Ors. vs. Devki Nandan & Anr.) was filed in which an application for grant of injunction was also made, however, the Civil Judge (Senior Division), Barabanki vide its
order dated 19.03.2025 directed and appointed a Commissioner for verification of the land and fixed the matter on 19.04.2025. It is further stated that subsequently the defendants moved an application before the SDM for demarcation of the property and for providing the police help for taking the possession. On the said application, the petitioner had informed that a suit is pending and is likely to be heard soon, however, an order has been passed by the SDM directing the steps to be taken in accordance with law and directions were also issued for providing the police force.
4. It is argued that on the one hand injunction application is not being decided, on the other hand, respondents with the help of State Authorities are hellbent to take possession. Photographs have also been annexed to establish the said factum.
5. In view of the urgency shown, present petition is disposed off directing the Civil Judge (Senior Division), Barabanki to pass orders on the injunction application on the next date fixed in the matter positively.
6. Till the passing of the said order, the parties shall maintain status quo with regard to the title and possession.
7. It is made clear that any observation made in this order will not come in the way of the Civil Judge (Senior Division), Barabanki in deciding the injunction application on merits and in accordance with law.
Order Date :- 11.4.2025 nishant Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench