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2025 DAILYLAW 137185 (ALL)

SANDHYA VISHWAS AND 3 OTHERS v. SAQIB MUMTAZ AND 2 OTHERS

A227/2464/2025 · 2025-05-07

Pankaj Bhatia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:26790 Court No. - 6 Case :- MATTERS UNDER ARTICLE 227 No. - 2464 of 2025 Petitioner :- Sandhya Vishwas And 3 Others Respondent :- Saqib Mumtaz And 2 Others Counsel for Petitioner :- Mohammad Ehtesham Khan Counsel for Respondent :- Bipin Kumar Tiwari,Anuj Pandey,Rakesh Pratap Singh Hon'ble Pankaj Bhatia,J. 1. Heard learned counsel for the petitioner, Shri R.P. Singh, learned counsel for respondent Nos.2 & 3 and Shri Bipin Kumar Tiwari, learned counsel for respondent No.1. 2. In terms of the order passed by this Court, a report has been submitted by the Court Commissioner, which is taken on record. 3. The report of the Court Commissioner as well as the two orders passed, do not prima facie demonstrate the possession of the petitioner over the property in question. Thus, both the courts below were right in not granting an interim injunction, warranting no interference under Article 227 of the Constitution of India. 4. However, the suit shall be decided in accordance with law after considering the averments of both the parties. 5. It is further made clear that the Court Commissioner's report filed today before this Court will not be taken into consideration by the civil court while deciding the suit. 6. The petition stands disposed of. Order Date :- 7.5.2025 Ashutosh Digitally signed by :- ARNIMA SINGH High Court of Judicature at Allahabad, Lucknow Bench