The High Court dismissed a writ petition seeking extension of an interim order in a partition appeal. It held that a preliminary decree does not entail delivery of possession before the final decree is drawn up, making the petition misconceived.
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Court No. - 9
Case :- WRIT - C No. - 11288 of 2020
Petitioner :- Shyam Singh Respondent :- State Of U.P. And 11 Others Counsel for Petitioner :- Dwijendra Prasad Counsel for Respondent :- C.S.C.,Kaushal Kishore Mani
Hon'ble Anjani Kumar Mishra,J.
Heard learned counsel for the petitioner.
The writ petition seeks the following relief:-
"(i) Issue a writ, order or direction in nature of mandamus directing to Additional Commissioner Agra Division Agra to extend the interim order dated 24-07-2018 in the appeal no-1369 of 2018(Computer noC201801000001369) under section 207 U.P. Revenue Code filed by petitioner within stipulated time fixed by this Hon'ble Court deem fit under the facts of the case."
Admittedly, the writ petition arises out of a suit for partition under Section 116 of the U.P. Revenue Code, 2006. The appeal, wherein the interim order has not been extended, is admittedly directed against the preliminary decree.
Learned counsel for the petitioner states that he is sought to be dispossessed and therefore the interim order needs to be extended.
This contention cannot be accepted because the preliminary decree only determines the share of the parties and does not entail any delivery of possession, till such time the final decree has been drawn up.
Under the circumstances, the writ petition is misconceived and is dismissed.
Order Date :- 20.10.2020 Mayank
1 issue framed by the court
Whether an interim order in an appeal against a preliminary decree can be extended to prevent dispossession before delivery of possession.
2 provisions across 1 enactments
Shyam Singh
State Of U.P.
Anjani Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
