Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 32242 of 2025 Court No. - 21 HON'BLE MANOJ KUMAR GUPTA, J.
HON'BLE ARUN KUMAR, J.
1. The present writ petition has been filed praying for the following relief:-
"(i). Issue a writ, order or direction in the nature of prohibition restraining the respondents from interfering in peaceful possession of the petitioner at an area amounting 176.44 Sq. meter of old plot No.144, 145 and 181 and new plot No.191, 193 and 197 situated at Village Dariyapur, Pargana and Tahsil Nazibabad, District Bijnor."
2. The petitioner alleges that respondents No.3, 4 & 5 are interfering in his possession over the subject land.
3. Admittedly, the petitioner had instituted Original Suit No.790 of 2006 against the respondents for permanent prohibitory injunction. The said suit was dismissed on 22.03.2022. An appeal against the same bearing Civil Appeal No.39 of 2025 is stated to be pending. The petitioner has filed an application dated 21.08.2025 before the appellate court stating that the respondents have collected building materials over the subject land and they should be restrained from changing the nature of the suit property. The said application is stated to be pending.
4. As the appeal of the petitioner is already pending and wherein petitioner has filed application for grant of interim relief on the same cause of action, for which the present writ petition has been filed, therefore, we find no good ground to entertain the writ petition or to grant the relief which has been prayed for. Versus Counsel for Petitioner(s) : Virendra Kumar Counsel for Respondent(s) : Arun Kumar Pandey, C.S.C. Parvindar Sharma .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s)
5. The writ petition is disposed of with liberty to the petitioner to seek appropriate relief in the pending civil appeal. September 23, 2025 Ashok Kr.
WRIC No. 32242 of 2025 2 (Arun Kumar,J.) (Manoj Kumar Gupta,J.) Digitally signed by :- ASHOK KUMAR High Court of Judicature at Allahabad