Matter under Article 227 wherein petitioner prayed for consideration of an application under Section 144 CPC regarding forcible possession of suit property. Court disposed of petition as withdrawn.
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Court No. - 2
Case :- MATTERS UNDER ARTICLE 227 No. - 5518 of 2019
Petitioner :- Kailash Narain Singh Respondent :- Uma Shankar (Since Dead) And 10 Others Counsel for Petitioner :- Sanjay Kumar Singh Counsel for Respondent :- Narendra Kumar
Hon'ble Suneet Kumar,J.
Petitioner/plaintiff in the pending appeal is aggrieved by the fact that pursuant to order dated 29 May 2019 passed by the Additional District Judge/Special Judge (Dacoity Affected Areas Act, 1983), Jhansi, appellant-respondent herein have taken possession forcibly of the suit property. It is urged that an application under Section 144 CPC has been filed before the Appellate Court for restoration of possession.
Learned counsel for the petitioner confines the petition to the prayer that his pending application under Section 144C dated 10 July 2019 may be considered and decided, in accordance with law.
Be that as it may, the petition stands disposed of as withdrawn with liberty to the petitioner to file an appropriate application before the Appellate Court in the pending proceeding. In case such an application is filed, the same shall be heard and decided on merit.
Order Date :- 27.9.2019 Mukesh Kr.
Kailash Narain Singh
Uma Shankar
Suneet Kumar
As recorded by the court registry
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