Neutral Citation No. - 2025:AHC-LKO:35461-DB Court No. - 2 Case :- WRIT - C No. - 5816 of 2025 Petitioner :- Asha Devi Respondent :- District Magistrate,Lucknow And 4 Others Counsel for Petitioner :- Satish Kumar Sharma Counsel for Respondent :- C.S.C. Hon'ble Saurabh Lavania,J. Hon'ble Syed Qamar Hasan Rizvi,J. 1. Heard learned counsel for the petitioner and learned Standing Counsel for State-respondents no. 1 to 3. 2. In view of the order proposed to be passed, issuance of notice to the private respondent Nos. 4 to 5 is dispensed with. 3. The instant application has been preferred for the following main relief:- "i. Issue a writ, order or direction in the nature of MANDAMUS thereby commanding the opp. Party No.1to 3 to stop the illegal construction of the opp. party No. 5 over the land gata No. 53 situated at village Hariharpur, Patel Nagar Nilmatha Lucknow with immediate effect till disposal of the first appeal No.2398/2024, and also take appropriate and strict action against the opp. party No. 5 in the interest of justice." 4. Undisputedly the appeal in issue is pending consideration before the appellate Court namely District & Sessions Judge, Lucknow challenging the order dated 31.01.2025 passed by Civil Judge (Junior Division), Hawali Lucknow. 5. It would be apt to indicate that vide order dated 31.01.2025, the relief sought by the petitioner by moving an application for temporary injunction under Order XXXIX Rule 1 and 2 CPC was rejected. 6. It is also not in dispute that along with the appeal the petitioner has preferred an application seeking interim protection. 7. Taking note of the aforesaid facts of the case, this Court, at this stage, is not inclined to accede with the prayer sought in the present petition. 8. Accordingly, the petition is disposed of with liberty to the petitioner to move an appropriate application in relation to cause pleaded in this petition before the concerned Court which shall be considered and disposed of at earliest. Order Date :- 13th June, 2025/Mohit Singh/- Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench