ASHOK KUMAR CHAURASIYA v. SMT. BABY SINGH AND ANOTHER
A227/6523/2024 · 2025-01-29
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 170835 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 170835 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:5861 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 6523 of 2024 Petitioner :- Ashok Kumar Chaurasiya Respondent :- Smt. Baby Singh And Another Counsel for Petitioner :- Jay Prakash Singh Vats,Ajay Kumar Soni Counsel for Respondent :- Vidhu Bhushan,Vineeta Pandey Hon'ble Pankaj Bhatia,J.
1. Heard the counsel for the petitioner and the counsel for the respondents.
2. The present petition has been filed challenging the order dated 22.11.2024 whereby the appeal preferred by the defendant against an injunction order was allowed. While doing so, the appellate court has recorded that the plaintiff could not establish his possession through various documents which were considered.
3. A perusal of the injunction application on record reveals that the petitioner had only sought the injunction that a third party right may not be created, no relief was sought that the defendant be restrained from raising any constructions.
4. In view thereof, no fault can be found in the appellate order, however, the parties agree that they shall not create any third party right during the pendency of the suit.
5. In view thereof and considering the fact that the suit is of the year 2014, the present petition is disposed off directing the appellate court to decide the suit without giving any adjournment to any of the parties expeditiously preferably within a period of one year. Till the disposal of the suit, no third party right shall be created. Order Date :- 29.1.2025 VNP/- Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench