HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8083 of 2025 Court No. - 5 HON'BLE ALOK MATHUR, J. 1. Heard Sri Faisal Ahmad Khan, learned counsel for the petitioners as well as learned Standing Counsel for respondent nos. 1 to 3 and Sri P.K. Gupta, Advocate holding brief of Sri Dilip Kumar Pandey, learned counsel for respondent no. 9. 2. In the light of proposed order notice to private respondents is dispensed with. 3. It has been submitted by learned counsel for the petitioners that the petitioners have purchased a land being Gata No. 1056, area 0.186 hectares situated at Village - Kishunpur, Pargana - Palia, Tehsil - Mitauli, District - Lakhimpur Kheri by means of registered sale deed dated 15.09.2020 / 21.09.2020, which was executed by one Rajendra Prasad - respondent no. 4 and Indrejeet - respondent no. 5 in favour of Anita Shukla W/o Raj Karan Shukla - petitioner no. 1 and Smt. Sangeeta Devi, petitioner no. 2. 4. It has been next submitted by learned counsel for the petitioner that with regard to aforesaid property, a suit under Section 116 of the U.P. Land Revenue Code, 2006 was pending in the Court of Sub Divisional Magistrate, Tehsil - Mitauli, District - Lakhimpur Kheri being Case No. 5100 of 2019, where predecessor in interest of the petitioners were the opposite parties. It is submitted that petitioners were never informed about the pendency of the partition suit and therefore after purchase of the Versus Counsel for Petitioner(s) : Faisal Ahmad Khan Counsel for Respondent(s) : C.S.C., Dilip Kumar Pandey Smt. Anita Shukla And Another .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Revenue, Lko. And Others .....Respondent(s) disputed property by means of registered sale deed they could not appear and participate in the suit proceedings and same was decided on 23.06.2021, ex-parte, without hearing the petitioners and it is further fairly submitted that predecessor in interest of the petitioners was party in the said proceedings and participated in the proceedings before passing of order dated 23.06.2021. 5. In the aforesaid circumstances, order dated 23.06.2021 has been assailed in the present writ petition, stating that same has been passed ex- parte and without giving any opportunity of hearing to the petitioners. 6. Learned counsel for the respondents on the other hand submit that petitioners have equally efficacious alternate remedy of appeal under Section 207 of the U.P. Revenue Code, 2006. 7. At this stage, learned counsel for the petitioners has submitted that after execution of the sale deed dated 15.09.2020 / 21.09.2020, the petitioners are in possession over the disputed property and it is in pursuance to the impugned order dated 23.06.2021, that they are sought to be dispossessed and pray that limited protection may be granted to them. It is further submitted that petitioners do not dispute the objections raised by the respondents with regard to availability of alternate remedy of appeal against the order passed under Section 116 of the U.P. Revenue Code, 2006, passed by the Sub Divisional Magistrate. 8. In the light of above, this Court is of the considered view that petitioners have remedy to file appeal under Section 207 of the U.P. Revenue Code, 2006 and accordingly, this Court would not exercise its jurisdiction under Article 226 of the Constitution of India as alternate statutory remedy of appeal is available to the petitioners. 9. Accordingly, petitioners are relegated to the remedy of appeal. It is provided that the petitioners shall move an appeal before the appropriate forum within next two weeks alongwith an application for interim relief, which shall be considered and decided by the Court/Authority concerned expeditiously, in accordance with law. 10. In case it is not possible for the Court/Authority concerned to dispose WRIC No. 8083 of 2025 2 of the interim relief application within the prescribed time, it shall consider grant of ad-interim injunction in favour of petitioners, in case petitioners have made out a case for grant of the same. 11. For four weeks from today, no coercive steps shall be taken against the petitioners with regard to disputed property. 12. The protection granted by this Court is subject to appropriate orders being passed by the appellate Court on the application for interim relief of the petitioners. 13. With above directions the writ petition stands disposed of. August 25, 2025 A. Verma WRIC No. 8083 of 2025 3 (Alok Mathur,J.) Digitally signed by :- ANURAG VERMA High Court of Judicature at Allahabad, Lucknow Bench