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2025 DAILYLAW 52621 (ALL)

SMT. RAJESH SAINI AND ANOTHER v. STATE OF UTTAR PRADESH AND 5 OTHERS

WRIC/13968/2025 · 2025-05-05

Avnish Saxena, Saurabh Dwivedi Registrar J Cpc

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Judgment text

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Neutral Citation No. - 2025:AHC:72292-DB Court No. - 39 Case :- WRIT - C No. - 13968 of 2025 Petitioner :- Smt. Rajesh Saini And Another Respondent :- State Of Uttar Pradesh And 5 Others Counsel for Petitioner :- Saumya Srivastava Counsel for Respondent :- C.S.C.,Kaushalendra Nath Singh Hon'ble Arindam Sinha,J. Hon'ble Avnish Saxena,J. 1. Mr. Hari Shankar Jain, learned advocate virtually appears on behalf of petitioners and submits, his clients apprehend eviction from plot no. SH-08A/02, Sector-141, Noida, District Gautam Budha Nagar, Uttar Pradesh without due process of law. On query he submits, there has been ex parte judgment and decree dated 07th September, 2024 made by the Civil Judge (Senior Division) delivering up and cancelling his clients' title document in respect of the plot. 2. Mr. Fuzail Ahmad Ansari, learned advocate, Standing Counsel appears on behalf of State. On query he submits, the administration will only act on proper authorisation. Mr. Kaushalendra Nath Singh, learned advocate appears on behalf of respondent no.6 and makes same submission as made on behalf of State. 3. The civil Court has set aside a title document. Petitioners claim to be in possession on basis of the set aside document. Their further allegation is, the judgment was made ex parte against them. We will not be drawn into how plaintiff(s) in the suit is going to obtain possession pursuant to the judgment and decree. It is sufficient, for purpose of petitioners, to have record made by us that respondents will only act on due authorisation, which means order duly made by a competent Court exercising jurisdiction of execution. 4. The writ petition is disposed of. Order Date :- 6.5.2025 Gurpreet Singh (Arindam Sinha, J.) (Avnish Saxena,J.) Digitally signed by :- GURPREET SINGH High Court of Judicature at Allahabad