SHAKEEL KHAN v. CIVIL JUDGE (SR. DIVISION-I) AYODHYA AND 3 OTHERS
A227/3844/2025 · 2025-06-24
Brij Raj Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 146358 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 146358 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:36166 Court No. - 3 Case :- MATTERS UNDER ARTICLE 227 No. - 3844 of 2025 Petitioner :- Shakeel Khan Respondent :- Civil Judge (Sr. Division-I) Ayodhya And 3 Others Counsel for Petitioner :- Amit Singh Counsel for Respondent :- Ankit Verma,Suryansh Narula Hon'ble Brij Raj Singh,J.
1. Heard learned counsel for the petitioner and
learned counsel for the respondents.
2. The present petition has been filed with a prayer for issuing a direction to the opposite party no. 1 i.e. Civil Judge (Senior Division) Ayodhya not to give effect the order dated 31.5.2025 by which the opposite party no. 1 has ordered to maintain status quo over the property in suit, without giving an opportunity of hearing to the petitioner in the Regular Suit No. 291/2023 (Ram Kailash and others Vs. Krishna Manan and others)
3. Sri Ankit Verma has raised a preliminary objection with a submission that against the impunged order dated 31.5.2025, the petitioner has a remedy to file appeal under Order XLIII Rule 1 (r) of the Code of the Civil Procedure, 1908.
4. Learned counsel for the petitioner however conceded the aforesaid submission made by the
learned counsel for the respondents that the petitioner has an alternate statutory remedy against the impugned order but he has a
grievance that the order has been passed ex-parte and thus valuable rights of the petitioners have been infringed,
5. Having heard learned counsel for the parties and perused the record, the present petition is
disposed of with a direction that if an appeal is filed within a week by the petitioner against the impugned order before the competent authority, the same shall be decided after providing opportunity of hearing to the parties expeditiously say within one month from the date of filing of the appeal by the petitioner. In case, any application for interim relief is filed, the same shall also be decided expeditiously. [Brij Raj Singh, J.]
Order Date :- 24.6.2025 Anuj Singh Digitally signed by :- ANUJ PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench