PREMAWATI v. STATE OF U.P. THRU. ADDL. CHIEF SECY. REVENUE LKO AND 3 OTHERS
A227/7145/2025 · 2025-12-11
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 177285 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 177285 (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. - 7145 of 2025 Court No. - 17 HON'BLE SUBHASH VIDYARTHI, J.
1. Heard Shri Dinesh Chandra Singh, the learned counsel for the petitioner and Shri Dheeraj Ojha, the learned Standing Counsel for the State.
2. By means of the instant petition filed under Article 227 of the Constitution of India, the petitioner has sought issuance of a direction to the learned Civil Judge (S.D.), Ambedkar Nagar in Regular Suit No.277 of 2023 titled Premawati v. Vijay Prakash which has been filed by the petitioner for cancellation of the sale deed dated 16.11.2010, expeditiously.
3. Learned Standing counsel has raised a preliminary objection that the State of U.P. is not a party to the civil suit and, therefore, it is neither a necessary party nor an proper party to the petition and it has wrongly been impleaded in the petitioner and the petition suffers from mis-joinder of parties.
4. Learned counsel for the petitioner accepted that the State of U.P. has been impleaded erroneously.
5. The aforesaid suit was filed by the petitioner on 21.03.2023. Upon a query made by the Court, learned counsel for the petitioner stated that the petitioner has not filed any application for temporary injunction. A copy of the order dated 27.05.2025 annexed with the petition reveals that the suit is at the stage of plaintiff's evidence and the plaintiff herself has not filed evidence in the suit. Versus Counsel for Petitioner(s) : Dinesh Chandra Singh Counsel for Respondent(s) : C.S.C. Premawati .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Revenue Lko And 3 Others .....Respondent(s)
6. In these circumstances, no direction can be issued at this stage for expeditious disposal of the suit.
7. Accordingly, the instant petition is dismissed. However, it is clarified that the petitioner shall have the liberty to file an application for expeditious disposal of the suit before the trial Court itself at the appropriate stage. December 11, 2025 -Amit K- A227 No. 7145 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench