HEMANT KUMAR AND 2 OTHER v. ANIL JAISWAL AND 2 OTHER
A227/1700/2025 · 2025-07-27
Manish Kumar Nigam
Civil Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 21063 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 21063 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:124101 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 1700 of 2025 Petitioner :- Hemant Kumar And 2 Other Respondent :- Anil Jaiswal And 2 Other Counsel for Petitioner :- Dharmraj Chaudhary,Pradeep Kumar Singh Hon'ble Manish Kumar Nigam,J.
1. Heard learned counsel for the petitioners and perused the record.
2. This petition has been filed challenging the order dated 02.01.2025, passed by Additional District Judge/Special Judge (Essential Commodity Act), Basti in Misc. Civil Appeal no. 14 of 2024 and order dated 10.01.2024 passed by Civil Judge (Junior Division), Basti rejecting the application for interim injunction.
3. From the perusal of record, it is apparent that the courts below has recorded a finding that the petitioner relies upon a sale deed executed by one Laxmi Prasad @ Lucky Babu in favour of the petitioner. The dimensions of the property shown in the sale deed which has been executed by Laxmi Prasad @ Lucky Babu in favour of the petitioner is much more than what Laxmi Prasad @ Lucky Babu has purchased by a sale deed executed by Kalawati and Savitri Devi. A person cannot transfer the interest which he does not possess in the property. The courts below has also recorded a finding that the petitioner has not given the dimensions of the property and has only given dimensions in the para no. 9 of the plaint of the disputed property.
4. In my view, no illegality has been committed by the courts below in passing the
order impugned.
5. The petition fails and is accordingly, dismissed.
6. However, it is expected that since the parties have appeared in the suit, the same may be decided expeditiously, in accordance with law, after hearing all the parties.
Order Date :- 28.7.2025 Ved Prakash (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad