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HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 5479 of 2026 Court No. - 5 HON'BLE VIKAS BUDHWAR, J.
Order on Civil Misc. Amendment Application No. 2 of 2026
1. Since there is no objection to the same by the learned Standing Counsel, amendment application stands allowed.
2. Let necessary amendment be carried out in the writ petition by learned counsel for petitioner during the course of the day.
Order on petition
1. Heard Shri Subedar Mishra, learned counsel for the revisionist-petitioner.
2. In view of the order, which is being proposed to be passed today, notices are not being issued to the plaintiff-respondents.
3. The case of the petitioners is that a decree came to be passed in Civil Suit No. 41 of 1987. Thereafter an execution came to be preferred by the decree holder to which the petitioners filed its objection under Section 47 of the CPC which came to be rejected by the Civil Judge (Junior Division), Court No. 19, Jaunpur on 18.12.2025 against which the petitioner preferred a revision which is pending and there is no interim order, however, during the pendency of the aforesaid revision, the executing court prepared the sale deed draft, the petitioner filed its objection on 30.03.2026, however, the objection so preferred by the petitioners came to be rejected on 30.03.2026 aggrieved whereof the petitioners herein preferred Civil Revision No. 50 of 2026 before the District Judge, Jaunpur in which on 02.04.2026, the revision was entertained but only notices were issued, fixing date on 30.04.2026. Versus Counsel for Petitioner(s) : Subedar Mishra Counsel for Respondent(s) :
Rampher And Another .....Petitioner(s) Ramkhelawan .....Respondent(s)
4. Questioning the order dated 02.04.2026 differing the interim protection, the petitioner has been filed the present petition.
5. Learned counsel for the petitioner has sought to argue that once a revision stood preferred then interim order ought to have been accorded and in not according interim order and while issuing notice, the trial court has committed a serious error.
6. In the opinion of the Court, once the revision itself is pending and it is apparent that objections have been required from the respondents therein by virtue of the order dated 02.04.2026 and the next date fixed on notice is 30.04.2026, thus, it is for the petitioners to insist the Court for grant of interim protection therein.
7. Accordingly, the interference at the stage is declined, the petition stands
disposed of.
8. Leaving it open to the petitioner to press for the interim relief before the revisional court on the next date fixed and the next date fixed, the revisional court shall consider the interim relief for the petitioner and pass appropriate orders and in case not on the said date then any other date be fixed without granting unnecessary adjournments. May 7, 2026 Ashu A227 No. 5479 of 2026 2 (Vikas Budhwar,J.) Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad