Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:40249 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 4104 of 2025 Petitioner :- Akram Ali Respondent :- Asrarahmad And 7 Others Counsel for Petitioner :- Alok Kumar Pandey,Prem Narayan Tiwari Counsel for Respondent :- Ravi Shankar Mishra Hon'ble Pankaj Bhatia,J.
1. Heard learned counsel for the petitioner and Shri Ravi Shankar Mishra, learned counsel for the respondents.
2. The present petition has been filed challenging the orders dated 12.08.2024 passed by the Additional Civil Judge (S.D.) on an application filed under Section 151 of the CPC as well as the revisional order dated 28.05.2025, whereby the revision was dismissed. Both the Courts have decided that in the partition suit, the boundaries were not disclosed, as such, an order came to be passed directing the parties to maintain status quo and thus, the request would not be considered.
3. Learned counsel for the petitioner states that the petitioner had moved an application only to rectify the part of the property, which is likely to fall down on account of the ensuing rains.
4. This aspect has not been considered by both the Courts, as such, the present is disposed of permitting the petitioner to file a fresh application, in which, he may pray for taking steps so that the property may not fall down during the pendency of the suit. In case, such an application is filed, the same shall be considered after appointing a local Commissioner, who shall visit and disclose the status of the property and the constructions standing thereupon with all expedition keeping in view the rainy season. Order Date :- 15.7.2025 Ashutosh Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench