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2025 DAILYLAW 191703 (ALL)

KAMLA KANT MISHRA AND 4 OTHERS v. PRABHAKANT MISHRA

A227/12724/2025 · 2025-10-16

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 12724 of 2025 Court No. - 5 HON'BLE MANISH KUMAR NIGAM, J. 1. This petition has been filed for the following reliefs:- "(a) Issue an order in favour of the petitioner to restrain the respondent about not interfere in peaceful possession of the petitioners regarding land Arazi no. 218 area 0.2630 hectare, Arazi No. 219 area 0.0570 hectare, Arazi No. 231Mi. area 0.2900 hectare, Arazi No. 158 area 0.0880 hectare, Arazi No. 220 Ka area 0.0680 hectare, Arazi No. 221 area 0.1420 hectare situated at Mauja Bara Haveli Khalsa, Paragana- Kada, Tehsil-Sirathu, District-Kaushambi and also direct to decide the injunction Application (6C) as earliest as possible pending in Case No. 349 of 2024 pending before Civil Court J.D. (b) Issue an order for cut the standing crops (Paddy) to the petitioners and restrain the defendant/ respondent to interfere for the same over the land Arazi no. 218 area 0.2630 hectare, Arazi No. 219 area 0.0570 hectare, Arazi No. 231Mi. area 0.2900 hectare, Arazi No. 158 area 0.0880 hectare, Arazi No. 220 Ka area 0.0680 hectare, Arazi No. 221 area 0.1420 hectare situated at Mauja Bara Haveli Khalsa, Paragana- Kada, Tehsil-Sirathu, District-Kaushambi and also direct to decide the application for cut the standing crops Paddy as earliest as possible." 2. Admittedly, an application has been moved by the petitioners under Section 151 of C.P.C. before the trial court i.e. Civil Judge (Junior Division), Kaushambi for granting permission to the plaintiff to cut the standing crops. Versus Counsel for Petitioner(s) : Dinesh Mishra, Kamla Kant Mishra Counsel for Respondent(s) : Kamla Kant Mishra And 4 Others .....Petitioner(s) Prabhakant Mishra .....Respondent(s) 3. Since the petitioner has already approached the trial court by filing an application dated 10.10.2025, no useful purpose would be served in keeping this petition pending. 4. Sri Kamla Kant Mishra, who is petitioner No. 1, states that next date fixed in the matter is 29.11.2025. 5. As the matter is extremely urgent, the trial court i.e. Civil Judge (Junior Division), Kaushambi is directed to pre-pone the date and consider and decide the application filed by the petitioner within a period of ten days from the date of production of certified copy of the order, in accordance with law. 6. With these observations the petition stands disposed of. October 17, 2025 Nitika Sri. A227 No. 12724 of 2025 2 (Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad