Jag Mohan And 4 Others vs State Of U.P. & 2 Others
2015 Latest Caselaw 707 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 30
 

 
Case :- APPLICATION U/S 482 No. - 15158 of 2015
 

 
Applicant :- Jag Mohan And 4 Others
 
Opposite Party :- State Of U.P. & 2 Others
 
Counsel for Applicant :- Ram Kumar Sinha
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Suneet Kumar,J.

Notice has been received by learned A.G.A. on behalf of opposite parties no.1 and 2.

The contention of the learned counsel for the applicants is that the applicant no.2 is the owner and landlord of the property in dispute, she had filed a suit for eviction against the opposite party no.3, bearing Suit No. 263 of 2013 (Smt. Sarla Devi Vs. Smt. Uma), which is pending before the court of Civil Judge (Sr. Division), Saharanpur. The name of the second applicant was mutated in the revenue records. The Opposite Party No.3 is pressurising the applicants to transfer the property in dispute to the opposite party no.2. The proceeding of Criminal Case No. 655 of 2015 (State Vs. Jagmohan & Others) arising out of Crime No. 238 of 2013 under Sections 420, 467, 468, 323, 504, 506, 427 I.P.C., Police Station Gangoh, District Saharanpur has been lodged, as a counterblast case.

The matter requires consideration.

Issue notice to opposite party no.3 returnable within four weeks.

Let this matter be listed on the expiry of the aforesaid period before the appropriate Court.

In the meanwhile and until further orders of this Court, further proceedings in Case No. 655 of 2015 (State Vs. Jagmohan & Others) arising out of Crime No. 238 of 2013 under Sections 420, 467, 468, 323, 504, 506, 427 I.P.C., Police Station Gangoh, District Saharanpur has been lodged, which is pending before the court of Additional chief Judicial magistrate, IIIrd, Saharanpur, shall remain stayed.

Order Date :- 27.5.2015

Ashish Pd.