Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:111902 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 6899 of 2025 Petitioner :- Samar Bahadur Singh Respondent :- Hinnchh Lal And 12 Others Counsel for Petitioner :- Sandeep Kumar Pandey Counsel for Respondent :- C.S.C. Hon'ble Manish Kumar Nigam,J.
1. Heard learned counsel for the petitioner, learned Standing Counsel for the State- respondent and perused the record.
2. This petition has been filed for the following relief:
"To set aside the impugned judgment and order dated 13.05.2025 passed by Civil Judge (Junior Division), Bhadohi at Gyanpur in Original Suit No. 283 of 2023 (Samar Bahadur Singh vs. Hinnchh Lal and others) Direct the Civil Judge (Junior Division), Bhadohi at Gyanpur to comply order dated 13.03.2023 passed by him on land in question."
3. Contention of the learned counsel for the petitioner is that the petitioner filed a suit for injunction. Interim injunction was granted in favour of the petitioner. Despite interim order has been passed in favour of the petitioner, the defendants have constructed a house in the property in dispute. By means of the application which has been decided by the order impugned, the petitioner has sought the relief that the house in the question be sealed. The said application has been rejected by the trial court on the ground that the opposite party has not appeared and the petitioner can amend the suit for relief to removal of the constructions having been raised by the defendants during pendency of the suit.
4. In my view, no illegality has been committed by the court below.
5. In case, interim order has been violated, the petitioner has remedy of filing an application under Order 39 Rule 2A of C.P.C.
6. With the aforesaid observation, this petition stands disposed of. Order Date :- 14.7.2025 Ved Prakash (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad