Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD FIRST APPEAL FROM ORDER No. - 1055 of 2026 Court No. - 39 HON'BLE ABDUL SHAHID, J.
1. Heard learned counsel for the appellant/defendant and the learned counsel for respondent/plaintiff, who is the contesting party in the original suit. 2. Being aggrieved by the impugned order dated 23.12.2025, which is passed in Original Suit No. 224 of 2025 (Laxmi Narayan Vs. Ateeq Ahmad and others), the appellant/Ateeq Ahmad has preferred this present appeal. By the impugned order, it has been ordered that till the next date of listing, both the parties are required to maintain status quo in the said property. 3. The Original Suit No. 224 of 2025 has been filed by the respondent/plaintiff Laxmi Narain against Ateeq Ahmad/appellant/defendants and 70 others for permanent and mandatory injunction. The map attached with the plaint is of entire property which is shown as A, B, E,F ,G, H.
4. Learned counsel for the appellant has submitted that he is defendant no.1 in Original Suit No. 224 of 2025. He is owner and in possession of his property by virtue of registered sale deed in his favour. There is another suit No. 180 of 2025 which is filed by Ateeq Ahmad Vs. Mahesh Kumar and others for the relief of permanent injunction. It is submitted that registered sale deed in favour of appellant was executed in the year 2012. There is another suit being Original Suit No. 47 of 2011 filed by Ateeq Ahmad/appellant (Ateeq Ahmad Vs. Gokul Kushwaha and others), which was dismissed in default and now restoration application is pending before the competent court. The original suit No. 180 of 2025 which is filed by Ateeq Ahmad/appellant/defendant was filed on 29.9.2025, whereas Original Versus Counsel for Appellant(s) : Himanshu Dubey, Subhash Chandra Maurya, Sr. Advocate Counsel for Respondent(s) : Panchu Ram Maurya, Ramesh Kumar, Hanuman Prasad Kushwaha Ateeq Ahmed .....Appellant(s) Laxmi Narayan And 70 Others .....Respondent(s)
Suit No. 224 of 2025 was filed on 23.12.2025. A temporary injunction order of status quo has been passed in both the Original Suit No. 180 of 2025 and 224 of 2024 and the suits are pending. 5.
Learned counsel for the respondent/plaintiff has submitted that he has filed Original Suit No. 224 of 2025 where dispute is only to portion shown as K,J,E, F, whereas Ateeq Ahmad/appellant/defendant no.1 is owner of only portion of C,D.K,E by way of registered sale deed. The submission of learned counsel for the respondent/plaintiff that the registered sale deed in favour of appellant/Ateeq Ahmad is to only portion C,D,K.E and he is having no objection about it that it is in actual ownership and possession of appellant/Ateeq Ahmad. He has further submitted that the matter in dispute is of the land shown in the map attached with the plaint as J.K,E.F which is unauthorizedly used by appellant/Ateeq Ahmad/defendant no.1. 6. After consideration of all these facts, the order of status quo dated 23.12.2025, passed by the learned trial court is only upto the limited portion shown as J,K,E.F in the map attached with the plaint and rest portion of appellant/Ateeq Ahmad shown in the map attached with the plaint as C,D.E, K is not covered and the appellant/defendant is further restrained not to make any interference into any other land shown in the map attached with the plaint. 7. With these modification in the impugned order dated 23.12.2025, the present appeal is finally disposed of. May 12, 2026 sfa/ FAFO No. 1055 of 2026 2 (Abdul Shahid,J.) Digitally signed by :- SYED FAHEEM AHMAD High Court of Judicature at Allahabad