IFTIKHAR AHMAD v. VINOD KUMAR SHINDEY AND 3 OTHERS
A227/10617/2023 · 2025-08-04
Manish Kumar Nigam
Original Suitbody2025
DailyLaw.ai
[ 2025 DAILYLAW 54044 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 54044 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:131170 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 10617 of 2023 Petitioner :- Iftikhar Ahmad Respondent :- Vinod Kumar Shindey And 3 Others Counsel for Petitioner :- Ashok Kumar Nigam,Rekha Singh,Satya Niwas Prasad Counsel for Respondent :- Ravi Anand Agarwal,Shreya Gupta Hon'ble Manish Kumar Nigam,J.
1. Heard learned counsel for the parties and perused the record.
2. This writ petition has been filed challenging the order dated 18.7.2023 passed by Additional District Judge, Court No.14, Bareilly in Misc. Civil Appeal No.11 of 2023 (Iftikhar Ahmad vs. Vinod Kumar Shinde and others) as well as order dated 24.1.2023 passed by Civil Judge (Junior Division), City, Bareilly in Original Suit No.235 of 2021 (Iftikhar Ahmad vs. Vinod Kumar Shindey and others).
3. This Court while entertaining this writ petition granted an interim relief that the petitioner may not be dispossessed except in accordance with law. As per office report dated 28.3.2024, service upon respondent No.4 is sufficient.
4. Since, admittedly, petitioner is in possession over the property in dispute, he cannot be evicted except, in accordance with law.
5. No useful purpose would be served in keeping this writ petition pending and it would be expedient that the suit itself be decided expeditiously.
6. In view of the above, the writ petition stands disposed of with direction to the Civil Judge (Junior Division), Bareilly to decide the above-mentioned suit being Original Suit No.235 of 2021 (Iftikhar Ahmad vs. Vinod Kumar Shindey and others), in accordance with law, expeditiously, preferably within one year as the pleadings have been exchanged by the parties, after providing opportunity of hearing to all the concerned parties as well as giving a reasonable opportunity of leading evidence in respect of their case provided there is no other legal impediment.
7. It is further provided that till disposal of the above-mentioned suit, petitioner shall not be evicted from the property in dispute, except, in accordance with law.
8. Learned counsel for the parties agreed that they will co-operate in early disposal of the above-mentioned suit and in case any effort is being made by the petitioner to seek undue adjournments, the interim protection granted to the petitioner shall automatically be vacated. Order Date :- 5.8.2025 Rishabh [Manish Kumar Nigam, J.] Digitally signed by :- RISHABH KUMAR High Court of Judicature at Allahabad