Petitioner challenged status quo order in appeal. Held petition not maintainable as order did not affect him. Directed District Judge to decide appeal expeditiously. Petition disposed of.
Writ petition disposed. District Judge directed to decide appeal within three months.
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Court No. - 4
Case :- MATTERS UNDER ARTICLE 227 No. - 363 of 2022
Petitioner :- Bhawani Singh Respondent :- Smt. Kumud Mishra And 12 Others Counsel for Petitioner :- Chandan Sharma,Piyush Sinha Counsel for Respondent :- C.S.C.
Hon'ble Salil Kumar Rai,J.
The present petition has been filed challenging the order dated 9.4.2021 whereby the appellate court i.e., District Judge, Varanasi has passed an order directing the parties to maintain status quo over the suit property.
The impugned order has been passed in Misc.Appeal No.40 of 2021 filed against the order dated 15.3.2021 passed by the Civil Judge(Senior Division), F.T.C, District Varanasi whereby the recall application of the defendant no.10 i.e., respondent no. 1 was rejected by the trial court. The petitioner who is defendant no. 9 claims himself to be in possession of the suit property. The order does not adversely affect the petitioner/defendant no.9 and therefore, this petition is not maintainable at the instance of the petitioner. In view of the aforesaid, the prayer to set aside the order dated 9.4.2021 is rejected.
However, in the interest of justice and considering the circumstances of the case, the District Judge, Varanasi is directed to decide Misc.Appeal No.40 of 2021 expeditiously preferably within a period of three months from the date a copy of this order is produced before him.
With the aforesaid directions, the writ petition is disposed of.
Order Date :- 23.2.2022 IB
Digitally signed by ITU BANERJEE Date: 2022.02.23 14:09:07 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether Divisional Bench maintenance of status quo order as it does not adversely affect the petitioner.
Whether writ petitioners have to dispose of the matter
Bhawani Singh
Smt. Kumud Mishra
Salil Kumar Rai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
