HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 32811 of 2025 Court No. - 4 HON'BLE AJIT KUMAR, J. HON'BLE SWARUPAMA CHATURVEDI, J. 1. Heard Sri Manoj Kumar Singh, learned counsel for the petitioners, learned Standing Counsel for the State and perused the record. 2. By means of this writ petition filed under Article 226 of the Constitution, petitioner seeks a writ in the nature of mandamus to command respondent nos. 2 to 5 to restore the possession of the petitioners. 3. During the course of argument, learned counsel appearing for petitioners admits that it is a joint property regarding which partition suit is pending before the trial court and even during pendency of the suit, private contesting respondents have taken over possession of certain part of the land which does not fall in their share. Admittedly, therefore, it becomes a pure civil dispute. Whether police has been helping out third party or not and a third party has acted in violation of any injunction order, are all questions of fact that can be determined by the court concerned after evaluating and assessing material placed as evidence. Even in a partition suit, a co-sharer can raise a plea for injunction of another co-sharer is trying to demolish any existing construction or changing the nature of land. It is a settled position of law that in matters of joint property, possession of one is taken to be possession of all, unless there is a partition in metes and bounds. 4. In the circumstances, merely on a plea that some co-sharers have taken possession of a part of joint property cannot be itself a ground to interfere in the matter of writ jurisdiction under Article 226 of the Constitution, more Versus Counsel for Petitioner(s) : Ashutosh Pratap Singh, Manoj Kumar Singh Counsel for Respondent(s) : C.S.C. Alok Alias Anurag And 2 Others .....Petitioner(s) State Of U.P. And 10 Others .....Respondent(s) especially in the circumstances when the suit for partition is pending. 5. In view of the above, therefore, we decline to grant indulgence in the matter, however, it is always open for the petitioners to raise plea before the trial court concerned by making an appropriate application that other co- shares be restrained from changing the nature of land or otherwise damaging the suit property. The proper injunction can be obtained by any of the co- sharers in a partition suit. 6. We, further provide that in the event the petitioners make any such application and also implead police authorities seeking appropriate direction, the trial court will take into consideration the legal and factual position and will do the needful in accordance with law. 7. Thus this petition stands disposed of accordingly. October 9, 2025 #Vikram/- WRIC No. 32811 of 2025 2 (Swarupama Chaturvedi,J.) (Ajit Kumar,J.) Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad