HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 10134 of 2025 Court No. - 6 HON'BLE JASPREET SINGH, J. Heard learned counsel for the petitioners. Notice on behalf of the respondents No.1, 2 and 3 has been accepted by the office of the Chief Standing Counsel. Sri Dilip Kumar Pandey learned counsel has accepted notice on behalf of respondent no.6. In view of the order proposed to be passed by this Court, notice to the private-respondent Nos.4 and 5 is dispensed with. Supplementary affidavit filed by learned counsel for the petitioner is taken on record. The grievance of the petitioners is that the proceedings under Section 116 of the U.P. Revenue Code, 2006 were initiated and during pendency of the proceedings the predecessor in interest of the present petitioners expired. Though the legal heirs were brought on record and the petitioners have filed their objections yet they were not considered by the S.D.M by passing order under Section 116 of the Code, 2006 dated 15.04.2025. Being aggrieved the petitioners assailed the said order by filing an appeal before the respondent no.2. After several dates, the matter could only be considered by the first appellate court on 22.08.2025 and by means of the order dated 29.08.2025 the appeal was admitted, however, no consideration was made on the application for interim relief despite the fact that the caveator before the first appellate court had been heard. It is urged that in the facts and circumstances of the case where the appeal Versus Counsel for Petitioner(s) : Sushil Kumar Singh Counsel for Respondent(s) : C.S.C., Dilip Kumar Pandey Abhay Kumar Gaur And Another .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Revenue, Lko. And Others .....Respondent(s) has been heard and the matter is under consideration it was incumbent upon the appellate court to have considered the application for interim relief but the same has not been considered specially when it is entailed by several consequence in suit for division of land holding which would adversely impact rights of the present petitioners. It has been informed by the learned counsel for the petitioners that the matter is listed before the first appellate court on 31.10.2025. Be that as it may, since the appeal is already engaging the attention of the first appellate court, this Court is not inclined to intervene at this stage, however, the petition is disposed of with a direction to the appellate court to consider and decide the pending application of the petitioners on the next date itself and in case, if the same is not possible then within three weeks thereafter. It is made clear that the Court has not examined the case of either of the parties on merits and the appellate court shall be free to decide the matter strictly in accordance with law after affording full opportunity of hearing to the parties, but without granting any unnecessary adjournment to either of the parties. With the aforesaid, the petition is disposed of. October 17, 2025 Harshita WRIC No. 10134 of 2025 2 (Jaspreet Singh,J.) Digitally signed by :- HARSHITA High Court of Judicature at Allahabad, Lucknow Bench