Devi Prasad And Another vs The Ziladhikari And Others
2023 Latest Caselaw 7107 ALL

Citation : 2023 Latest Caselaw 7107 ALL
Judgement Date : 3 March, 2023

Allahabad High Court

Devi Prasad And Another vs The Ziladhikari And Others on 3 March, 2023

Bench: Sangeeta Chandra, Manish Kumar




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 3
 

 
Case :- WRIT - C No. - 1750 of 2023
 

 
Petitioner :- Devi Prasad And Another
 
Respondent :- The Ziladhikari And Others
 
Counsel for Petitioner :- Surya Narayan Mishra
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Mrs. Sangeeta Chandra,J.

Hon'ble Manish Kumar,J.

(1) Heard the learned counsel for the petitioners and the learned Standing counsel who appears on behalf of the State-respondent nos.1 to 4.

(2) For the order proposed to be passed, the notices to the Respondent nos.5 to 8 are dispensed with.

(3) This petition has been filed by the petitioners for the following main prayer:-

"(i) Issue a direction to the authorities concerned to ensure that the opposite party nos.5 to 8 do not make any interference / disturbance, in the peaceful possession of the petitioners, over land in dispute, on the basis of ex-parte judgment and order dated 20.08.2011 passed in R.S. No.281 of 288; Ram Kripal V. Tulsi Ram and others, in which the petitioners or their ancestors were not arrayed as party, till the disposal of Temporary Injunction application filed in Regular Suit No.2070 of 2020; Devi Prasad and Another Vs. Ghanshyam and others, in the interest of law and justice."

(4) It is the case of the petitioner that ex-parte ad-interim injunction was deemed by the learned Civil Judge (J.D), Gonda, in Regular Suit No.2070 of 2020 [Devi Prasad and Another Vs. Ghanshyam and others]. He filed a Writ Petition No.8525 (M/S) of 2021 [Devi Prasad and Another Vs. Civil Judge (J.D.) and others] before this Court which was disposed of on 25.03.2021 with a direction to the learned Civil Judge (J.D.), Gonda, to decide the Temporary Injunction application of the petitioner in the said Regular Suit expeditiously say preferably within a period of six months thereafter. The said Temporary Injunction application is still pending before the learned Civil Judge (J.D.), Gonda, as yet.

(5) This petition is finally disposed of with liberty to the petitioners to approach the Contempt Court for alleged non-compliance of this Court's order dated 25.03.2021.

Order Date :- 3.3.2023

N.PAL