Yogesh Kumar vs State Of U.P. And 3 Others
2023 Latest Caselaw 35909 ALL

Allahabad High Court

Yogesh Kumar vs State Of U.P. And 3 Others on 19 December, 2023

Author: Jayant Banerji

Bench: Jayant Banerji

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:240281
 
Court No. - 1
 
Case :- MATTERS UNDER ARTICLE 227 No. - 10240 of 2023
 
Petitioner :- Yogesh Kumar
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Ashish Goyal
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Jayant Banerji,J.
 

1. List has been revised. No one appears to press this petition.

2. This petition has been filed seeking the following relief:

"1. Issue a order or direction directing the court below as i.e. Additional District Judge-IV, Hathras to pass the interim injunction in favour of the petitioner during pendency of the present Civil Appeal No. 06 of 2021 (Yogesh Kumar Vs. Vishwesar Prasad).

2. Issue any other suitable order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.

3. Award the cost of the petition to the petitioner."

3. It appears from the record that the petitioner filed an Original Suit No.7 of 2012 in the court of the Civil Judge, Junior Division, Sadabad, District- Hathras, against the respondent Nos. 3 and 4 seeking a declaration of voidance of the sale deed dated 11.5.2000. The suit was dismissed by a judgment and order dated 11.2.2021. Thereafter a Civil Appeal No.6 of 2021 was filed by the petitioner under Section 96 of the CPC. By the order dated 22.2.2021, the appeal was found to be maintainable and it was directed to be registered but no interim order of stay has been passed.

4. A perusal of the order dated 6.2.2023 passed by the appellate court, as reflected in the certified copy of the order-sheet, reflects that the original record was summoned by the appellate court.

5. It is for the petitioner to move an appropriate application for stay of the proceedings before the appellate court which would be considered in accordance with law.

6. No interference is called for in this petition and it is, accordingly, dismissed.

Order Date :- 19.12.2023

K.K.Tiwari

(Jayant Banerji, J.)