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2025 DAILYLAW 154437 (ALL)

LAXMAN MISHRA v. MR. AMRENDRA SINGH AND 2 OTHERS

A227/4441/2025 · 2025-07-25

Pankaj Bhatia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:43078 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 4441 of 2025 Petitioner :- Laxman Mishra Respondent :- Mr. Amrendra Singh And 2 Others Counsel for Petitioner :- Lakshmi Kant Tripathi,Tushar Kant Mishra Hon'ble Pankaj Bhatia,J. Heard learned counsel for the petitioner. The petition has been filed for the following relief :- a) Set aside the impugned order dated 21.07.2025 passed by the Learned Civil Judge Hawali (Junior Division), Lucknow in Original Suit No. 2395 of 2024 i.e. Laxman Mishra Vs Amrendra Singh & others filed herewith as annexure no. 1; in application u/s 151 CPC marked as application no. C15 and direct the opposite party nos. 1 to 3 not to dispossess the petitioner from land in question or direct to maintain status quo till hearing of application no. 6C pending before Civil Judge Hawali (J.D.), Lucknow in RS No. 2395 of 2024 i.e. Laxman Mishra vs Amrendra Singh & others. The present petition has been filed by the petitioner alleging that he is the owner of the property situated at Gata No.67 by virtue of a sale deed executed in his favour on 02.02.2024. It is stated that the defendants to the suit, despite having no title, were threatening to obstruct the possession. As such, a suit for mandatory injunction was filed, and along with the said suit, an injunction application was also filed. On the said injunction application, no interim order was passed. Subsequently, on 18.07.2025, the defendants came and demolished the boundary wall and tried to take unauthorized possession, for which an application was filed under Section 151 C.P.C. for grant of interim injunction immediately. However, the trial Court has fixed the matter for 18.09.2025, and no injunction has been granted. It has been stated that the defendants have not even filed objections to the injunction application so far. Considering the fact that the petitioner claims to be the owner of the property-in-question by virtue of a sale deed, the present petition is disposed of with a direction to the Civil Judge, Junior Division, Lucknow to decide the injunction application positively within a period of two weeks from today, as the defendants have put in appearance. Till the decision on the injunction application on merits, the parties shall maintain status quo with regard to title and possession. It is made clear that any observation made in this order will not come in the way of the Civil Judge deciding the injunction application on its own merits. (Pankaj Bhatia, J) Order Date :- 25.7.2025 A.Dewal Digitally signed by :- ASHISH DEWAL High Court of Judicature at Allahabad, Lucknow Bench