Shashi Shankar v. State Of U.P. And 10 Others
Case at a glance
Outcome
Disposed of
Accordingly, this writ petition stands disposed of with liberty to the petitioner to move
Provisions considered
Key paragraphs
- Para 66. Accordingly, this writ petition stands disposed of with liberty to the petitioner to move an application under Order 39 Rule 2-A CPC or under Section 151 C.P.C within two weeks. In case such an application is filed, the same shall be considered and decided…
Judgment
Heard learned counsel for the parties and perused the record.
This writ petition has been filed seeking following relief :- "issue a writ, order or direction in the nature of mandamus, commanding and directing the respondent no. 3 to decide the application dated 23.04.2025 and 13.05.2025, within specific period as fixed by this Hon'ble Court.
2. issue a writ, order or direction in the nature of mandamus, commanding and directing the respondent no. 5 and 6, not to execute the sale deed of the disputed land in pursuance agreement dated 24.03.2025 of executed by respondent no. 5 and 6, during the pendency of the present writ petition before this Hon'ble Court. "
It has been contended by learned counsel for the petitioner that in a suit filed by respondent No.4 under Section 116 of the U.P. Revenue Code, 2006 for partition, an interim order was granted by the Trial Court on 6.1.2020 directing the parties to maintain status quo with regard to the disputed land. Respondents No.5 and 6 having knowledge of the order dated 6.1.2020 executed the agreement to sell of the disputed land in favour of one Khurshid on 24.3.2024.
A preliminary objection has been raised by learned Standing Counsel that petitioner has a remedy of filing an application under Order 39 Rule 2-A CPC or under Section 151 C.P.C. as the provisions of CPC are applicable to the proceedings.
In view of the same, I am not inclined to interfere with the matter.
Operative part
Accordingly, this writ petition stands disposed of with liberty to the petitioner to move an application under Order 39 Rule 2-A CPC or under Section 151 C.P.C within two weeks. In case such an application is filed, the same shall be considered and decided by the respondent - authority, in accordance with law, expeditiously, after ensuring service of notice upon all the respondents and after providing opportunity of hearing to all the parties provided there is no other legal impediment.
6. With these observations, the writ petition stands disposed of. Order Date :- 26.5.2025 Rishabh RISHABH KUMAR High Court of Judicature at Allahabad [Manish Kumar Nigam, J.]
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Accordingly, this writ petition stands disposed of with liberty to the petitioner to move
Which statutory provisions did this judgment involve?
Code of Civil Procedure, 1908 — s. 151.
Which court decided this case, and when?
Allahabad High Court, on 26 May 2025. The bench was MANISH KUMAR NIGAM.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.