HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 6002 of 2025 Court No. - 5 HON'BLE ALOK MATHUR, J. Heard Sri G. C. Verma, leaned counsel for the petitioners as well as learned Standing counsel on behalf of respondent No.1. 1. In view of the proposed order, notice to private respondents is dispensed with. 2. It has been submitted by learned counsel for the petitioners that the dispute pertains to succession of the property of Ram Dhani. It is stated that wife of Ram Dhani came to be recorded after his death along with the petitioners and opposite party No.2. It is alleged that opposite party No.2 re-married and accordingly the property would revert back to the next legal lien as per the provisions of Section 172 (b) of U.P.Z.A. and L.R. Act. 3. The other side are claiming their right on the basis of sale deed executed by opposite party No.2. 4. The said dispute came to be decided in appeal by Additional District Magistrate/Assistant Collector, First Class, Tehsil Mahmoodabad, District Sitapur on 30.8.2025 against which the petitioner has approached before Additional Commissioner Judicial- II, Lucknow Division, Lucknow. It is further submitted that the case was listed for the first time on 19.9.2025 where the same has been 5. Versus Counsel for Petitioner(s) : Girish Chandra Verma Counsel for Respondent(s) : C.S.C., Dilip Kumar Pandey Anand Kumar Verma And Another .....Petitioner(s) Up Zila Adhikari / Assistant Collector, Ist Class, Tehsil Mahmoodabad, Sitapur And 6 Others .....Respondent(s) admitted and notices served upon the opposite parties therein. The case in the present petition is that it is in the meanwhile that the respondents are proceeding to take forceful possession of the disputed property and no interim protection has been granted by the appellate court and submits that there are series of judicial pronouncements to the effect that in case appeal has been admitted then interim protection should be granted. 6. Accordingly, without adverting to the merits of the case and also considering that the appeal preferred by the petitioners are pending before Additional Commissioner Judicial-II, Lucknow Division, Lucknow and also considering that the application for interim relief has not been considered, the present petition is disposed of with a direction to the appellate authority to consider and decide the application for interim relief within six weeks from the date service of notice on the respondents therein is effected. 7. Till the application for interim relief is decided, in term of the directions issued by this Court, the status quo, as existing today, shall be maintained by the parties over the property in dispute. 8. Copy of this order shall be placed within next one week before the appellate authority. 9. It is made clear that benefit of this order shall not bar consideration of the application for interim relief which shall be decided by the appellate court on the merits of the case. 10. September 26, 2025 RKM. A227 No. 6002 of 2025 2 (Alok Mathur,J.) Digitally signed by :- RAKESH KUMAR MAURYA High Court of Judicature at Allahabad, Lucknow Bench