Citation : 2026 Latest Caselaw 89 ALL
Judgement Date : 30 January, 2026
HIGH COURT OF JUDICATURE AT ALLAHABAD
Neutral Citation No. - 2026:AHC:21321
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 1057 of 2026
Arun Kumar
.....Petitioner(s)
Versus
State Of Up And 2 Others
.....Respondent(s)
Counsel for Petitioner(s)
:
Girish Kumar Mishra, Hari Om Shukla
Counsel for Respondent(s)
:
G.A.
Court No. - 53
HON'BLE SAMIT GOPAL, J.
1. List revised.
2. Heard Sri Girish Kumar Mishra, learned counsel for the petitioner(s) and Sri Ram Prakash Shukla, learned counsel for the State and perused the record.
3. The present petition under Article 227 of the Constitution of India has been filed by the petitioner(s) Arun Kumar, with the following prayers:
"It is, therefore most respectfully prayed that this Hon'ble Court may graciously be please to:
i) Pleased to set aside the impugned judgment and order dated 18.07.2025 passed by the Additional Principal Judge Family Court Pilibhit in entire execution proceeding of both the execution case no. 205 of 2024 u/s 125 (3) Cr.P.C/974 of u/s 144 (3) B.N.S.S. (Smt. Bindeshwari and another vs. Arun Kumar) police station-Sungadi, District- Pilibhit as well as the auction sale notice dated 25.11.2025 passed by the Sub-Divisional Officer Pilibhit, of the agricultural land, gata no.15. area 0.2750 hectre, gata no.98, area 0.5390 hectre and gata no.181, area 0.9470 hectre and total three plots area 1.7610 hectre in pursuant the order dated 18.07.2025 which have not executed upon till date. (Annexure No. 8 to this misc. petition).
ii) Issue any other order or direction, which this Hon'ble court may deems fit and proper under the facts and circumstance of the case.
iii) Award the costs of the petition."
4. At the very ouset learned counsel for the petitioner(s) submits that the present petition under Article 227 of the Constitution of India be dismissed as withdrawn as he shall seek the appropriate remedy available to him under law.
5. Prayer is allowed.
6. The petition is dismissed as withdrawn.
(Samit Gopal,J.)
January 30, 2026
M. ARIF
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