Neutral Citation No. - 2025:AHC:103194 Court No. - 34 Case :- WRIT - C No. - 17402 of 2025 Petitioner :- Prem Singh Respondent :- Teekaram And 3 Others Counsel for Petitioner :- Umesh Vats Counsel for Respondent :- C.S.C.,Krishna Kant Singh Hon'ble Rohit Ranjan Agarwal,J. Heard Sri Umesh Vats, learned counsel for the petitioner and learned Standing Counsel for the State. This writ petition has been filed with the following prayer:- "A. issue a writ, order or direction in the nature of Certiorari quashing the impugned order dated 02.05.2025 passed by Commissioner, Aligarh Division, Aligarh in Case (Appeal) No. 564 of 2025 (Computerized Case No. C202518000000564) (Prem Singh Vs. Teeka Ram & Others) (Annexure No. 10 to the writ petition)." It is contended that against the decree passed in the partition suit, a first appeal has been preferred in which an interim application was moved which has been rejected by order impugned. Learned counsel for the petitioner submits that the court below had only relegated the matter to Sub Divisional Officer for consideration as to which party would be entitled to cut the crop. According to learned counsel, it is question of not only cutting the crops but the other items lying over the property in dispute. According to him, if the Sub Divisional Officer adjudicates the matter then appeal would render infructuous. There is an apprehension on behalf of petitioner that during pendency of the appeal, the possession would be disturbed. Considering the facts of the case, I find that issuing notice to the respondents or calling for counter affidavit, at this stage, would serve no purpose as the appeal itself is pending consideration and injunction application has been disposed of with a direction to the Sub Divisional Officer, Kasganj to take a final call on the crops standing over the land in dispute. As the appeal is pending consideration, the appellate authority is hereby directed to proceed with the same and take a final call, strictly in accordance with law, within a period of six weeks, from the date of production of certified copy of this order, after hearing all the affected parties. During the pendency of the appeal, no third party right shall be created over the land in dispute. With the aforesaid observations, the writ petition stands disposed of. Order Date :- 3.7.2025 V.S.Singh Digitally signed by :- VIDYA SAGAR SINGH High Court of Judicature at Allahabad