Omprakash Singh Chauhan vs Smt. Santosh Kumari And 2 Others
2023 Latest Caselaw 252 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 37
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 12333 of 2022
 

 
Petitioner :- Omprakash Singh Chauhan
 
Respondent :- Smt. Santosh Kumari And 2 Others
 
Counsel for Petitioner :- Annapurna Devi,Rajeev Tiwari
 

 
Hon'ble Ajit Kumar,J.

Heard Sri Vinod Kumar Yadav, learned Advocate holding brief of Sri Rajeev Tiwari, learned counsel for the petitioner.

Petitioner before this Court seeks relief in the nature of injunction in the matter of execution arising out of ex parte judgment and decree dated 17.02.2003 passed in a suit being O.S. No.921 of 1999.

It is the petitioner's own case that he is not party to the suit proceedings. However, just because of non identification of the suit land on the spot, respondents are getting execution of the decree done over and above the plot of the petitioner.

In my considered view, no relief as prayed for can be granted by this Court.

However, if the petitioner is aggrieved for any interference by any private party, he can always apply for a common law remedy, as may be advised, or can apply before the executing court, if otherwise permissible in law.

Subject to aforesaid liberty, this petition is consigned to records.

Order Date :- 3.1.2023

P Kesari