LIYAQAT ALI v. ADDL. DISTT. JUDGE COURT NO. 13 LKO. AND ANOTHER
A227/4199/2025 · 2025-07-24
Pankaj Bhatia
Civil Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 150876 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 150876 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:42438 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 4199 of 2025 Petitioner :- Liyaqat Ali Respondent :- Addl. Distt. Judge Court No. 13 Lko. And Another Counsel for Petitioner :- Vinay Prakash Katiyar,Praveen Kumar Srivastav Hon'ble Pankaj Bhatia,J.
1. Heard learned Counsel for the petitioner.
2. The present petition has been filed by the petitioner challenging an order dated 08.04.2025 whereby, the appellate court had refused to grant an injunction.
3. The facts that emerge are that a suit was filed being Suit No.2460 of 2014, which was decided vide judgment and decree dated 25.04.2023. Against the said judgment and decree, a Civil Appeal No.153 of 2024 was filed. In the said appeal, an application for grant of injunction was also moved before the appellate court. The appellate court has observed that there is no occasion to interfere with the finding of the civil court and proceeded to dismissed the interim relief application vide impugned order dated 08.04.2025.
4. Considering the fact that even as per the averments in the
judgment and decree, which are impugned in the civil appeal, the petitioner was in possession over the property in question, during appeal the status quo cannot be disturbed, the present petition is disposed off with a direction to the appellate court to decide the appeal expeditiously and in accordance with law without granting any unnecessary adjournments to either of the parties.
5. Till disposal of the appeal, the parties shall maintain the status quo with regard to the title and possession of the property in question.
Order Date :- 24.7.2025 akverma Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench