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2025 DAILYLAW 167508 (ALL)

MUKTEDA HUSAIN KHAN v. JASPREET SINGH @ SHIPPU

A227/5261/2024 · 2025-08-29

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 5261 of 2024 Court No. - 6 HON'BLE PANKAJ BHATIA, J. 1. Rejoinder affidavit filed today is taken on record. 2. Heard learned counsel for the petitioner as well as learned counsel for the respondent. 3. The present petition has been filed with the following prayer: "a. To set aside the order dated 10/01/2022 passed by the learned Additional Civil Judge Junior Division/Judicial Magistrate Gonda in Regular Suit No.659/2021 Mukteda Hussain Khan V/s Jaspreet Singh @ Shippu i.e. Application No.7 Ga under order 39 Rule 1 and 2 CPC contained as Annexure No. 1 to the petition. b. To set aside the judgment and order dated 30/07/2024 passed by the learned Additional District Judge Gonda, Court No.1 in Miscellaneous Civil Appeal No.05/2022 Mukteda Hussain Khan V/s Jaspreet Singh @ Shippu contained as Annexure No.2 to the petition." 4. This Court had passed an order on 11.11.2024 directing that the petitioner shall not be evicted except in accordance with law. 5. Learned counsel for the respondent states that after settlement, the property has already been vacated and new constructions have been carried out on some settlement in between the parties. Versus Counsel for Petitioner(s) : Sanjay Kumar Srivastava, Akshat Kumar Counsel for Respondent(s) : Charan Deep Singh Bedi, Mandeep Kumar Mishra, Prabhat Mukteda Husain Khan .....Petitioner(s) Jaspreet Singh @ Shippu .....Respondent(s) 6. Learned counsel for the petitioner does not accept the said contention. 7. Considering the disputes, no direction can be given except that the parties shall maintain status quo. The petitioner would be at liberty to take such steps, as may be advised under law. 8. The petition stands disposed of. August 29, 2025 Ashutosh A227 No. 5261 of 2024 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench