SITAPATI AND 2 OTHERS v. MAHANT MURLI DAS AND 2 OTHERS
A227/6438/2025 · 2025-11-04
Subhash Vidyarthi
Civil Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 182753 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 182753 (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. - 6438 of 2025 Court No. - 17 HON'BLE SUBHASH VIDYARTHI, J.
1. Heard Shri Desh Deepak Verma, the learned counsel for the petitioners.
2. By means of the instant petition, the petitioners have challenged the validity of an order dated 24.09.2025 passed by the District Judge, Faizabad in Misc. Civil Appeal No.69 of 2025.
3. By means of the aforesaid order, the learned District Judge has admitted the appeal, issued a notice to the respondents and has stayed the effect of the order dated 19.09.2025 passed by the trial Court under Order 39 Rule 2A CPC for detaining the appellant in civil prison for a period of two months.
4. When the appellate Court has admitted the appeal filed against the Order 39 Rule 2A CPC for detention of the appellant in a civil prison for a period of two months, it is necessary for the appellate Court to have stayed the order under challenged in the appeal and the appellate Court has not committed any illegality in staying the order under challenged during pendency of the appeal.
5. It is open for the petitioner to appear before the appellate Court, file objections, if any, and advance submissions in opposition of the appeal.
6. As there is no error or illegality in the impugned order dated 24.09.2025, this is finds no good ground to entertain the petition which is dismissed accordingly. November 4, 2025 -Amit K- Versus Counsel for Petitioner(s) : Desh Deepak Verma, Nitin Verma Counsel for Respondent(s) :
(Subhash Vidyarthi,J.) Sitapati And 2 Others .....Petitioner(s) Mahant Murli Das And 2 Others .....Respondent(s) Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench