Jiyachhi Devi v. Suresh Kumar
Case at a glance
Provisions considered
- Constitution of India art. 226
Judgment
Heard learned counsel for the parties and perused the records.
By means of this petition filed under Article 226 of the Constitution, petitioner has prayed for following relief: "i. Issue a writ, order or direction in the nature of mandamus commanding/ directing the respondent no. 2 not to interfere in the peaceful possession of the Gata no. 308 area 0.160 hectare which is siutated at Village Bankata Amethiya, Pargana Salempur Majhauli, Teshil Bhatparrani, District Deoria. "
It transpires from the record that petitioner has already instituted a suit against the Gram Panchayat, which is registered as O.S. No.- 113 of 2024.
In the circumstances, if petitioner is aggrieved for any kind of interference with his peaceful possession of the suit property at the end of the respondent No.- 2, who is admittedly defendant in the suit, petitioner should seek temporary injunction from the court concerned and hence we decline to grant indulgence in the matter with liberty to the petitioner to pursue the remedy of injunction available to him in the pending suit. We further observe that in the event petitioner applies for expedited hearing of his application for temporary injunction, his temporary injunction application shall be disposed of expeditiously so as to ensure that purpose of miscellaneous application for temporary injunction does not get frustrated. October 10, 2025 Atmesh (Swarupama Chaturvedi,J.) (Ajit Kumar,J.) ATMESH KESARI High Court of Judicature at Allahabad
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.