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2025 DAILYLAW 51361 (ALL)

KUMKUM SHARMA v. STATE OF U.P. AND 5 OTHERS

WRIC/14034/2025 · 2025-05-05

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:72606 Court No. - 35 Case :- WRIT - C No. - 14034 of 2025 Petitioner :- Kumkum Sharma Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Pooja Mishra Counsel for Respondent :- C.S.C. Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the parties and perused the record. 2. This writ petition has been filed for the following relief:- " i. Issue a writ order or direction in the nature of certiorari to quash the impugned order dated 12-06-2023 (Annexure No. 10) passed by respondent no.2 and impugned order dated 18-09-2013 (Annexure No. 9) passed by respondent no. 3. ii. Issue a writ order in the nature of mandamus to stay the effect and operation of the order dated 12-06-2023 passed by the respondent no. 2 (ANNEXURE NO.10) and order dated 18-09- 2013 passed by the respondent no. 3 (ANNEXURE NO.9)." 3. Contention of learned counsel for the petitioner is that a sale deed was executed by the respondent no.6 in favour of the respondent no.5 and on the basis of the sale deed the name of the respondent no.5 has been mutated. Objections filed by the petitioner to the mutation application were rejected. Appeal and revision filed against the said order have also been dismissed. It has been contended by learned counsel for the petitioner that the petitioner got an agreement to sale executed in her favour from the predecessor in interest of the property in dispute and the proceedings for specific performance of the suit is pending. It has further contended by learned counsel for the petitioner that petitioner has also filed a suit for cancellation of sale deed executed by the respondent no.6 in favour of the respondent no.5. 4. In my view, at present, petitioner has no right unless he succeeds in a suit which she has already filed and is pending consideration. 5. At this stage, I am not inclined to interfere in the matter. 6. With these observations, the writ petition is disposed of. 7. Orders passed by mutation court will abide by the orders passed in the suit in case suits are decided in favour of the petitioner. Order Date :- 6.5.2025/S. Singh (Manish Kumar Nigam,J.) Digitally signed by :- SAVITA SINGH High Court of Judicature at Allahabad