Neutral Citation No. - 2025:AHC:143372 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 5577 of 2016 Petitioner :- Shiv Muni Respondent :- Jonhiya Devi And 3 Others Counsel for Petitioner :- Bhanu Pratap Singh,Satya Narain Dubey,Surendra Sharma Counsel for Respondent :- Hon'ble Manish Kumar Nigam,J. Re: Civil Misc. Amendment Application No.8 of 2023 1. Heard learned counsel for petitioner. 2. Learned counsel for petitioner submitted that he has filed application for necessary amendment in the writ petition. 3. Accordingly, the amendment application is allowed. 4. Learned counsel for petitioner is permitted to carry out necessary amendments during the course of the day. Re: Civil Misc. Delay Condonation Application No.5 of 2023 1. The delay condonation application has been filed for condoning the delay in filing the substitution application. 2. The cause shown for delay in filing the substitution application is sufficient. The delay in filing the substitution application is condoned. 3. The delay condonation application is allowed. Re: Civil Misc. Substitution Application No.6 of 2023. 1. This is a substitution application for substituting the heirs of deceased petitioner, Shiv Muni. 2. Consequently, the substitution application is allowed. 3. Office is directed to make necessary correction in the cause title within a period of one week. Re: In petition 1. This petition has been filed challenging the order dated 17.3.2012 by which an application for interim injunction has been rejected by the court below and also the order dated 1.11.2022 by which, the appeal against the order dated 17.3.2012 has been rejected. 2. It has been contended by learned counsel for the petitioner that earlier suit filed by the defendants was ultimately decided in favour of the plaintiff at the appellate stage, therefore, the petitioner is entitled to injunction. Finding has been recorded by the court below that the petitioner is not recorded tenure holder over Arazi No.39 which is land in dispute and as a matter of fact the respondents are recorded over the said land. The suit has been filed for cancellation of a sale deed as well as injunction and the appellate court has held that such suit is not maintainable in view of the fact that the petitioner should approach the revenue court for seeking declaration of his rights. 3. I am of the view that no illegality has been committed by the court below in rejecting the applications. 4. Since the suit is pending since 2012, it is expected that the suit itself may be decided within a period of one year. 5. The present petition stands disposed of finally with a direction to the Civil Judge (J.D.) West Ballia to consider and decide the aforementioned suit, in accordance with law, expeditiously, preferably within a period of one year from the date of production of a certified copy of this order after ensuring service upon all the respondents, after giving opportunity of hearing to the parties concerned and after giving a reasonable opportunity of leading evidence in respect of their case provided that there is no other legal impediment. Order Date :- 21.8.2025 S. Singh (Manish Kumar Nigam, J.) Digitally signed by :- SAVITA SINGH High Court of Judicature at Allahabad