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2025 DAILYLAW 160642 (ALL)

RAKESH KUMAR TIWARI v. SMT. INDRANI AND 25 OTHERS

A227/5149/2025 · 2025-09-01

Jaspreet Singh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 5149 of 2025 Court No. - 7 HON'BLE JASPREET SINGH, J. Heard learned counsel for the petitioner. By means of the petition, the petitioner prays for following relief: "Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to set aside the impugned part of order dated 24.12.2024 whereby the learned court i.e. Civil Judge (Junior Division)/FTC-Second, Gonda (Annexure-1) only to that effect which effect the learned court declined to grant the ad interim injunction and further direct the learned court to re-consider the application under Order 9 Rule 1 & 2 of CPC and pass appropriate order for protecting the land in question, in the interest of justice." Submission of learned counsel for the petitioner is that the application under Order 39 Rule 1 and 2 is pending before the court concerned. Considering the facts and circumstances of the case, this Court is not inclined to entertain the petition at this stage, leaving it open for the petitioner to move an appropriate application before the trial court pressing his application under Order 39 Rule 1 and 2. In case, if such an application is moved the court concerned shall take note of it and pass appropriate order in accordance in law. It is made clear that the Court has not examined the case of either of the parties on merits and the authority concerned shall be free to decide the matter strictly in accordance with law. With the aforesaid, the petition is disposed of. September 1, 2025 Harshita Versus Counsel for Petitioner(s) : Alok Kr. Misra Counsel for Respondent(s) : (Jaspreet Singh,J.) Rakesh Kumar Tiwari .....Petitioner(s) Smt. Indrani And 25 Others .....Respondent(s) Digitally signed by :- HARSHITA High Court of Judicature at Allahabad, Lucknow Bench