Rajendra Prasad Bajpai And Ors. vs State Of U.P. Thru Prin.Secy. ...
2021 Latest Caselaw 6805 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 2
 

 
Case :- MISC. BENCH No. - 13170 of 2021
 

 
Petitioner :- Rajendra Prasad Bajpai And Ors.
 
Respondent :- State Of U.P. Thru Prin.Secy. Revenue Lucknow And Ors.
 
Counsel for Petitioner :- Onkar Pandey
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Rajan Roy,J.

Hon'ble Saurabh Lavania,J.

Heard.

There appears to have been a civil dispute between petitioners and private opposite parties or their predecessor in interest, as the case may be. It is claimed by petitioners that second appeal of predecessor in interest was dismissed by this Court on 12.12.2019, therefore, petitioners seek restoration of their possession, presumably, in pursuance to order of the first Appellate Court. The remedy in this regard is not by way of a writ petition but by way of execution of judgment and decree, if otherwise permissible, or such other remedies as may be prescribed in law.

We, therefore, decline to interfere in the matter and the petition is accordingly dismissed, however, without prejudice to the rights of the petitioners to avail legal remedies in this regard.

Order Date :- 29.6.2021

Vinay/-