Sumit Upadhyay vs Hari Shankar And 4 Others
2023 Latest Caselaw 9868 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 5
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 2455 of 2023
 

 
Petitioner :- Sumit Upadhyay
 
Respondent :- Hari Shankar And 4 Others
 
Counsel for Petitioner :- Anil Kumar Aditya
 

 
Hon'ble Prakash Padia,J.

The petitioner has preferred the present petition inter alia with the prayer to set-aside the order dated 31.1.2023 passed by District Judge, Hathras in Civil Revision No.6 of 2023 (Sumit Upadhaya vs. Harishankar and others). A further prayer has been made to stay the further proceeding of Execution Case No.8 of 2022 (Sumit Upadhaya vs. Harishankar and others) pending before Civil Judge (Junior Division)/FTC-1 Hathras.

It is argued by learned counsel for the petitioner that original suit filed by one Hari Shankar along with others being Original Suit No.92 of 2019, in which an ex parte judgment and decree was passed in their favour. Aggrieved against the aforesaid, an appeal being Civil Appeal No.6 of 2023 was filed by the present petitioner before the District Judge, Hathras. Along with the said revision, an application for grant of interim protection was also filed. An order dated 31.1.2023 was passed by the District Judge, Hathras on the application for grant of interim protection. By the said order though the revision was admitted so far as grant of interim protection is concerned, finding was recorded but the same could not be granted. The same could only be granted after hearing both the parties.

It is further argued that in the civil revision filed by the petitioner, no interim protection was granted and on the other hand the respondents are trying to execute the decree by filing the execution case as stated above. Learned counsel for the petitioner has placed reliance of the judgment of Hon'ble Apex Court in case of Mool Chandra Yadav vs. Raza Buland Suugar Company Limited, Rampur reported in (1982) 3 SCC 484.

Heard learned counsel for the petitioner and perused the record.

In the facts and circumstances of the case, without entering into the merit, the present petition is disposed of finally permitting the petitioner to submit a fresh application along with the certified copy of this order for early listing of injunction application filed by him within a period of two weeks from today. If it is so, the revisional court will pass appropriate order on the same within a period of six weeks, thereafter.

Further proceeding of Execution Case No.8 of 2022 (Sumit Upadhaya vs. Harishankar and others) pending before the Civil Judge (Junior Division)/F.T.C.- 1st, Hathras, shall remain stayed for a period of six weeks from today or till the disposal of the injunction application, whichever is earlier.

Order Date :- 4.4.2023

S.K.