Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 59130 (ALL)

SHAILESH KUMAR RAI AND 2 OTHERS v. RAJNISH RAI

A227/5025/2025 · 2025-10-07

Manish Kumar Nigam

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 5025 of 2025 Court No. - 5 HON'BLE MANISH KUMAR NIGAM, J. 1. Heard learned counsel for the parties and perused the record. 2. This writ petition has been filed against the order dated 3.4.2025 as well as order dated 16.10.2024 passed in a pending proceedings under Section 72 read with Section 74 of the Indian Trust Act. 3.It has been contended by learned counsel for the petitioner that he has already filed objections regarding maintainability of the proceedings before the Court below. 4. By the order impugned, the District Judge has directed the parties not to alienate the property in question during pendency of the writ petition. 5. No illegality has been committed by the Court below in directing the parties not to alienate the property as there appears dispute between two sets of Trustees. 6. Since the petitioner has already approached the District Judge challenging the maintainability of proceedings and has also filed an objection, it will be necessary that the same should be considered and decided within a period of twelve weeks from the date of production of a certified copy of this order after providing opportunity of hearing to all the concerned parties provided there is no other legal impediment. 7. The petition is disposed of accordingly. October 8, 2025 Rishabh Versus Counsel for Petitioner(s) : Bhagwan Dutt Pandey, Prabhakar Kumar Mishra Counsel for Respondent(s) : Sanjay Kumar (Manish Kumar Nigam,J.) Shailesh Kumar Rai And 2 Others .....Petitioner(s) Rajnish Rai .....Respondent(s) Digitally signed by :- RISHABH KUMAR High Court of Judicature at Allahabad