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2025 DAILYLAW 170832 (ALL)

ASHISH GUPTA v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO AND ANOTHER

A227/6474/2024 · 2025-01-03

Manish Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:352 Court No. - 19 Case :- MATTERS UNDER ARTICLE 227 No. - 6474 of 2024 Petitioner :- Ashish Gupta Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Lko And Another Counsel for Petitioner :- Pankaj Shukla Counsel for Respondent :- C.S.C. Hon'ble Manish Mathur,J. 1. Heard learned counsel for petitioner and learned State Counsel. In view of order being passed, notices to opposite party no.2 stand dispensed with. 2. Petition has been filed under Article 227 of the Constitution of India seeking a direction to Court concerned for staying the proceedings of Execution Case No.11 of 2024 during pendency of Appeals numbered 212/23 and 213/23. A further prayer for a direction to opposite party no.2 not to dispossess petitioner from the property in question till final outcome in Appeals has also been sought. 3. It has been submitted that initially a Suit for permanent injunction was filed by petitioner in which counter claim was also filed by opposite party no.2. While Suit preferred by petitioner was dismissed, counter claim was allowed against which aforesaid two Appeals have been filed and are pending adjudication but in the meantime, Execution Case has also been preferred by opposite party no.2. 4. It is submitted that although the Appeals have been admitted but Application for stay filed along with memorandum of appeal is yet pending consideration and respondents have already put in appearance in appellate proceedings. 5. In view of aforesaid facts and circumstance, the appellate court being Additional District Judge (P.C. Act-III), Lucknow is directed to decide pending Application for stay on the next date of listing of Appeals numbered 212/23 and 213/23 filed against judgment and decree dated 17.11.2023 passed in Regular Suit No. 184 of 2008. 6. Needless to observe that opportunity of hearing is to be provided to respondents. 7. Benefit of this order shall be available to petitioner only in case he cooperates in early disposal of the proceedings. 8. With aforesaid observations, the writ petition stands disposed of. Order Date :- 3.1.2025 kvg/- Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench