Rakesh Kumar And 8 Others vs Rohan Kumar
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Allahabad High Court

Rakesh Kumar And 8 Others vs Rohan Kumar on 2 February, 2026

Author: Rohit Ranjan Agarwal

Bench: Rohit Ranjan Agarwal

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


Neutral Citation No. - 2026:AHC:22224
 

 
HIGH COURT OF JUDICATURE AT ALLAHABAD 
 
MATTERS UNDER ARTICLE 227 No. - 1149 of 2026   
 
   Rakesh Kumar And 8 Others    
 
  .....Petitioner(s)   
 
 Versus  
 
   Rohan Kumar    
 
  .....Respondent(s)       
 
   
 
  
 
Counsel for Petitioner(s)   
 
:   
 
Anoop Kumar Mishra   
 
  
 
Counsel for Respondent(s)   
 
:   
 
 
 
   
 
     
 
 Court No. - 9
 
   
 
 HON'BLE ROHIT RANJAN AGARWAL, J.      

1. This writ petition has been filed with the following prayer:-

"I. Issue a order to set aside the impugned order dated 31-10-2025 in Misc. Case No. 20/2010 (Ram Khiladi and others Vs. Rohan Kumar) as well as the order dated 08-12-2025 passed in execution case no. 3/2008 (Rohan Singh Vs. Ram Khiladi) passed by First Additional Civil Judge (Junior Division) Shikohabad, Firozabad with all its consequential effects.

II. Issued an order or direction to District Judge Firozabad to decide the stay application filed alongwith revision no. 3 of 2026 (Rakesh Kumar and other Vs. Rohan Singh)."

2. Learned counsel for the petitioner submits that he is giving up challenge to the first prayer made in the writ petition.

3. It is contended by learned counsel for the petitioner that in execution proceedings initiated by decree-holder/respondent, an objection under Section 47 CPC was filed which was rejected against which the petitioner had already preferred a revision which is pending consideration. In the said revision, a stay application has been filed which is also pending consideration. The sole prayer made is for expeditious disposal of the stay application.

4. As no useful purpose would be served in keeping the matter pending, the writ petition is being disposed of, at the admission stage, without calling for counter affidavit or issuing notice to private respondents, with a direction upon revisional court to proceed with stay application and take a final call on the said application, in accordance with law, after hearing all affected parties, preferably within a period of two weeks, from the date of production of certified copy of this order.

5. With the aforesaid directions, writ petition stands disposed of.

6. It is made clear that this Court has not adjudicated the matter on merits.

(Rohit Ranjan Agarwal,J.)

February 2, 2026

(V.S.SINGH)