KAILASH AND 2 OTHERS v. ADDL. CIVIL JUDGE (S.D.)/JUDGE SMALL CAUSE COURT SITAPUR AND 3 OTHERS
A227/5360/2025 · 2025-09-09
Jaspreet Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 162674 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 162674 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 5360 of 2025 Court No. - 7 HON'BLE JASPREET SINGH, J.
1. Heard learned counsel for the petitioners.
2. By means of the instant petition, the petitioners assail order dated 07.03.02025 passed by learned Additional Civil Judge (Senior Division)/Judge Small Cause Court, Sitapur in Civil Execution Case No.10 of 2023.
3. Submission of learned counsel for the petitioners is that an ex parte decree was passed against the petitioners, however, the suit was decreed with a direction to the parties to maintain status quo. It is submitted that once the said ex parte judgement and decree dated 12.01.2012 was put to execution, orders were passed for removal of certain construction, which, according to the petitioners, is beyond the scope of the decree.
4. It has further been urged that the petitioners had moved an application, which was rejected by means of the impugned order dated 07.03.2025, now under challenge.
5. Having heard the learned counsel for the petitioners and having perused the material on record, it is apparent that the order dated 07.03.2025, which merely rejects the request for an adjournment, cannot be treated as a ground that may impact the rights of the party so as to bring it within the scope of judicial review for this Court to entertain the petition under Article 227 of the Constitution of India.
6. Accordingly, the petition, being misconceived, is dismissed. September 9, 2025 Shubhankar Versus Counsel for Petitioner(s) : Suresh Chandra Shukla, Vikalp Shukla Counsel for Respondent(s) :
(Jaspreet Singh,J.) Kailash And 2 Others .....Petitioner(s) Addl. Civil Judge (S.D.)/Judge Small Cause Court Sitapur And 3 Others .....Respondent(s) Digitally signed by :- SHUBHANKAR THAKUR High Court of Judicature at Allahabad, Lucknow Bench