YOGENDRA AND 7 OTHERS v. STATE OF U.P. AND 2 OTHERS
WRIC/356/2025 · 2025-07-30
Rohit Ranjan Agarwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 4956 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 4956 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:128365 Court No. - 34 Case :- WRIT - C No. - 356 of 2025 Petitioner :- Yogendra And 7 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Santosh Kumar Mishra,Sriram Dhar Dubey Counsel for Respondent :- C.S.C.,Sudhir Bharti Hon'ble Rohit Ranjan Agarwal,J.
1. Instructions have come, which are taken on record.
2. It is contended that the petitioner filed Suit No. 31 of 1996 before the court of Civil Judge (Junior Division), Maharajganj seeking relief of perpetual injunction against Land Management Committee and some private persons. The suit was decreed ex- parte on 01.05.1997. An application under Order IX Rule 13 CPC was moved by Land Management Committee, defendant no. 1 of suit, on 22.12.2022 for recalling the ex-parte decree.
3. According to petitioners' counsel, said application is still pending and the decree passed by civil court has not been modified. According to him, respondents are encroaching upon the land for which perpetual injunction is in operation.
4. Learned Standing Counsel submits that as per his instructions, the application under Order IX Rule 13 CPC is still pending.
5. After hearing learned counsel for the parties and perusing the material on record, to cut short the litigation, Civil Judge (Junior Division), Maharajganj is hereby directed to expedite the proceedings of recall application and decide the application filed by Land Management Committee under Order IX Rule 13 CPC in Suit No. 31 of 1996, within a period of two months, from the date
of production of certified copy of this order.
6. Till the decision of the said application, respondents are restrained from interfering in the possession of petitioners. However, it is made clear that the court below shall not grant any adjournment to either of the parties and shall decide the said application on day to day basis.
7. Writ petition stands disposed of. Order Date :- 31.7.2025 V.S.Singh Digitally signed by :- VIDYA SAGAR SINGH High Court of Judicature at Allahabad