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2026 DAILYLAW 88 (ALL)

SMT. PREM KUMARI SINGH v. VIJAY BAHADUR AND 5 OTHERS

A227/3382/2026 · 2026-03-17

Manish Kumar Nigam

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 3382 of 2026 Court No. - 5 HON'BLE MANISH KUMAR NIGAM, J. 1. Heard Sri Ashish Kumar Singh, learned Senior Advocate assisted by Sri Himanshu Dubey, learned counsel for the petitioner and learned Standing Counsel for the State-respondents 2. Contention of learned counsel for the petitioner is that in a suit instituted by the plaintiff-petitioner, initially an injunction was not granted by the trial court, but in the meantime, Commissioner, Chitrakoot Dham, Mandal Chitrakoot passed an order dated 24.03.2022 that the respondents may not construct Rasta or Nali over the private property of the plaintiff- petitioner. It has been submitted by learned counsel for the petitioner that on 07.03.2026, the respondents started raising construction over the private property of the petitioner. The petitioner immediately approached the court below where the suit is pending by means of an application dated 09.03.2026, bringing to the knowledge of the court regarding the facts. On the application so filed by the petitioner, the court below has directed the same to be put up on the date fixed without passing any order. It has also been submitted by counsel for the petitioner that opposite parties have appeared before the court below, pleadings have been exchanged, and issues have also been framed. 3. Since the application dated 09.03.2026 is already pending consideration before the court below, no useful purpose would be served in keeping this petition pending. 4. The court below is directed to consider and decide the application dated Versus Counsel for Petitioner(s) : Birendra Kumar, Himanshu Dubey, Sr. Advocate Counsel for Respondent(s) : Achal Singh, C.S.C. Smt. Prem Kumari Singh .....Petitioner(s) Vijay Bahadur And 5 Others .....Respondent(s) 09.03.2026 expeditiously, preferably within a period of four weeks from the date of production of certified copy of this order, after hearing all the parties concerned, provided there is no legal impediment. 5. Till the disposal of the application dated 09.03.2026, parties are directed to maintain status quo. 6. It is made clear that petitioner will not seek any undue adjournment to linger on the disposal of the application and in case, the petitioner seeks unnecessary adjournment, the interim order granted by this Court shall stand automatically vacated. 7. Accordingly, the petition stands disposed of. March 18, 2026 Nitika Sri. A227 No. 3382 of 2026 2 (Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad