Ramesh Tiwari vs Savitri Devi And 7 Others
2023 Latest Caselaw 27671 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:193572
 
Court No. - 1
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 7738 of 2023
 

 
Petitioner :- Ramesh Tiwari
 
Respondent :- Savitri Devi And 7 Others
 
Counsel for Petitioner :- Sandeep Kumar Pandey,Lakshmi Kant Pandey
 

 
Hon'ble Jayant Banerji,J.

1. Heard Shri Sandeep Kumar Pandey, Advocate for the petitioner.

2. This petition has been filed with the following prayer:

"(i). to direct the Additional Civil Judge, Room No. 13, Allahabad to decide stay application dated 6.7.2023 as well as the Misc. F. D. Suit No. 47 of 2016 (Ramesh Tiwari Vs. Savitri Devi and others) of the Applicant pending before him within specific period as fixed by this Hon'ble Court and further prayed to stop the construction work being done by respondents during the pendency of Misc. F. D. Suit No. 47 of 2016 (Ramesh Tiwari Vs. Savitri Devi and others).

(ii). to pass any suitable other order or direction, which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case."

3. It appears that a suit for partition was filed in which a preliminary decree was prepared and an application was moved for demarcation of the suit property by metes and bounds. On that application, an order dated 24.3.2017 was passed. It is stated that the defendant-respondents are making construction over the suit property. and therefore, an stay application dated 6.7.2023 has been filed. It appears that the application dated 6.7.2023 was filed before the court of the Additional Civil Judge, Court No. 13, Allahabad in the application filed for preparation of final decree.

4. In the meantime, the suit for partition was decreed by means of a judgment dated 3.3.2011 which also directed preparation of preliminary decree. It is contended by learned counsel for the petitioner that the aforesaid judgment and decree dated 3.3.2011 passed in Original Suit No. 1019 of 2007 was challenged in an appeal under Section 96 of the C.P.C. bearing Civil Appeal No. 57 of 2011 in the court of the Additional District Judge, Court No. 1, Allahabad which was dismissed by a judgment and order dated 22.10.2016. In paragraph no. 14 of this petition, it has been stated that the respondents being aggrieved by the order dated 22.10.2016 have filed Second Appeal No. 76 of 2017 (Dinesh Kumar and others Vs. Ramesh Tiwari) which is pending before this Court and no interim order has been passed.

5. Since, it is the contention of the learned counsel for the petitioner that the Misc. Case No. 47 of 2016 which was filed in the court of the Additional Civil Judge (Senior Division), Court No. 6, Allahabad is still pending and there is no interim order passed by this Court in the Second Appeal and that the application 7C dated 6.7.2023 is pending in the miscellaneous case, the trial court is requested to verify and proceed to adjudicate the application 7C, if filed and pending before it, in due course.

6. This petition is, accordingly, disposed of.

Order Date :- 9.10.2023

A. V. Singh

(Jayant Banerji, J.)