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2025 DAILYLAW 71457 (ALL)

RAMESH CHAND SHARMA v. STATE OF U.P. AND 6 OTHERS

WRIC/21128/2025 · 2025-07-14

Manoj Kumar Gupta, Ram Manohar Narayan Mishra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:113672-DB Court No. - 21 Case :- WRIT - C No. - 21128 of 2025 Petitioner :- Ramesh Chand Sharma Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Mahesh Kumar Dubey,Shravan Kumar Srivastava Counsel for Respondent :- C.S.C. Hon'ble Manoj Kumar Gupta,J. Hon'ble Ram Manohar Narayan Mishra,J. 1. The following prayer has been made in the present petition: "i. Issue a writ order or direction in the nature of mandamus directing the respondents No. 2, 3 and 4 to restrain the respondents No. 5, 6 and 7 not to disturb the peaceful possession of the petitioner over the Plot No. 405 situated in Village Takipur Bangar, Police Station Rabupura, Tehsil Jewar, District Gautam Budh Nagar." 2. The case of the petitioner is that he is having a decree of prohibitory injunction in respect of an immovable property against the private respondents but despite the same they are interfering in his possession. 3. The petitioner has remedy of executing the decree passed by the Civil Court, as such, no good ground is made out to exercise writ jurisdiction for overseeing the execution of the decree passed by the civil court. At this stage, counsel for the petitioner prays for withdrawal of the writ petition with liberty to seek execution of the decree. 4. Accordingly, the petition stands disposed of with liberty in terms of the prayer made. Order Date :- 15.7.2025 Mukesh Kr. (Ram Manohar Narayan Mishra,J.) (Manoj Kumar Gupta,J.) Digitally signed by :- MUKESH KUMAR High Court of Judicature at Allahabad