Kailash Chand And 3 Others vs State Of U.P. And 5 Others
2023 Latest Caselaw 6932 ALL

Citation : 2023 Latest Caselaw 6932 ALL
Judgement Date : 2 March, 2023

Allahabad High Court

Kailash Chand And 3 Others vs State Of U.P. And 5 Others on 2 March, 2023

Bench: Surya Prakash Kesarwani, Anish Kumar Gupta




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 3
 

 
Case :- WRIT - C No. - 6328 of 2023
 

 
Petitioner :- Kailash Chand And 3 Others
 
Respondent :- State Of U.P. And 5 Others
 
Counsel for Petitioner :- Sujeet Kumar Rai
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Surya Prakash Kesarwani,J.

Hon'ble Anish Kumar Gupta,J.

Heard learned counsel for the petitioners and the learned standing counsel.

This writ petition has been filed praying for the following relief:

"i) issue a writ, order or direction in the nature of mandamus, directing police concerned not to interfere with the possession of the petitioners over the land in dispute;"

From perusal of the writ petition, it appears that the petitioners' father late Shyam Singh instituted a Civil Suit No.729 of 1995 (Shyam Singh vs. Balveer Singh and others) in which on death of the aforesaid Shyam Singh, petitioners' name were substituted, petitioners contested the suit for permanent injunction and the suit was decreed ex parte by judgment dated 28.02.1998 passed by the court of First Additional Civil Judge (Junior Division), Etawah in respect of khasra Plot No.42, measuring 0.80 decimal of village Heerapur, Pargana Saifai, District Etawah. It appears that the aforesaid ex parte judgment was subsequently recalled and the suit was restored to its original number. Subsequently, by judgment and order dated 18.01.2023, the aforesaid O.S. No.729 of 1995 was dismissed. Against the aforesaid judgment, the petitioners filed a Civil Appeal No.16 of 2023 in the court of District Judge, Etawah, which is stated to be pending and no interim order is operating. Thus, the petitioners after loosing their suit, want an injunction by means of this writ petition whereas the appeal is stated to be pending in the court of District Judge, Etawah.

In view of the aforesaid, the writ petition itself is not maintainable and is, therefore, dismissed as not maintainable.

It is made clear that any observation made in the body of this order, shall not influence the decision in the pending civil appeal of the petitioners.

Order Date :- 2.3.2023

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