HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 7992 of 2025 Court No. - 5 HON'BLE ALOK MATHUR, J. 1. Heard Sri Ratnesh Singh, learned counsel for the petitioner as well as learned Standing Counsel for respondent nos. 1 to 3. 2. In the light of proposed order notice to private respondents is dispensed with. 3. It has been submitted by learned counsel for the petitioner that the dispute in the present case pertains to the property situated at Gata No. 1224/1.374 hectares, at Village - Gokulpur, Pargana and Tehsil - Nanpara, District - Bahraich, which was recorded in the name of one Khalil Ahmad, who is the common ancestor of the petitioner and respondent nos. 5 and 6. 4. It has been submitted that petitioner as well as respondent no. 5 had filed suit for partition, where both the suits were clubbed and decided by means of common order dated 07.04.2025, passed by the Sub Divisional Magistrate, Nanpara, Bahraich in exercise of power under Section 176 of the U.P. Z.A. & L.R. Act, 1956. 5. The petitioner being aggrieved by order dated 07.04.2025, preferred an appeal before he Additional Commissioner (Administration)-I, Bahraich. In appeal the petitioner has preferred an application for interim relief, the appellate authority while admitting the appeal had rejected the application for interim relief by means of order dated 28.04.2025, against which Versus Counsel for Petitioner(s) : Ratnesh Singh, Rahul Kumar Shukla Counsel for Respondent(s) : C.S.C., Pankaj Gupta Fatma .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Revenue, Lko. And Others .....Respondent(s) present writ petition has been filed. 6. Learned counsel for the petitioner has submitted that while admitting the appeal the appellate authority ought to have passed interim order inasmuch as shares of the petitioner and private respondents would attain finality on decision by the appellate authority and are not yet final and any action taken by the respondents shall alienate the said land, would adversely effect the rights of the parties and has assailed the order dated 28.04.2025. 7. Learned counsel for the petitioner after arguing the matter up to some length submits that grievance of petitioner shall be substantially redressed in case appellate authority is directed to dispose of the appeal with expedition and submits that the private respondents have already put in appearance before the appellate authority, which is also evident from the impugned orders itself. 8. In the light of above, present writ petition is disposed of with direction to respondent no. 2 - Additional Commissioner (Administration) - Ist, Devi Patan Division, Gonda to decide appeal being Case No. 690 of 2025 (Computerized Case No.C202508000000690) - Smt. Fatma Vs. Salamatullah and Others, be decided expeditiously, say within two months from the date of production of certified copy of this order, in accordance with law, in case there is no legal impediment. 9. It is made clear that the appellate authority shall decide the appeal after giving full opportunity of hearing to all the parties concerned. 10. Till the appeal is finally decided by the appellate authority, the parties would be restrained from alienating the land in dispute. It is further made clear that interim order granted by this Court will cease to operate on passing of final orders by the appellate authority. August 26, 2025 A. Verma WRIC No. 7992 of 2025 2 (Alok Mathur,J.) Digitally signed by :- ANURAG VERMA High Court of Judicature at Allahabad, Lucknow Bench