The High Court held that a writ petition for non-interference in peaceful possession was not maintainable. The dispute between private parties regarding immovable property was already sub judice as a civil suit, making the petition wholly misconceived.
None
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 40
Case :- WRIT - C No. - 34780 of 2021
Petitioner :- Smt. Kamla Devi Respondent :- Lakhan Singh And 6 Others Counsel for Petitioner :- Somdev Dixit
Hon'ble Manoj Kumar Gupta,J. Hon'ble Dr. Yogendra Kumar Srivastava,J.
The instant petition has been filed praying for a mandamus commanding the respondents not to interfere in the peaceful possession of the petitioner in respect of her property i.e Khasra No.214 situated at Village Totalpur, Mauza Mohammadpur Biharipur, Tehsil and District Firozabad.
It is evident from the case set up in the writ petition that there is a dispute relating to subject land between the petitioner and private respondents. The petitioner has also instituted a suit against the private respondents and in which it is stated that an interim injunction order was passed. It is alleged that the respondents are trying to violate the order of interim injunction and are selling the subject land.
In our considered opinion, the writ petition, as framed, is not maintainable. The dispute, as noted above, is between private parties in respect of an immovable property. A civil suit is already pending. In case there is violation of injunction order, the petitioner has remedy available to her under the Code of Civil Procedure.
The petition is wholly misconceived and is accordingly dismissed.
(Dr. Y. K. Srivastava,J.) (Manoj Kumar Gupta,J.)
Order Date :- 3.1.2022 SL
Digitally signed by YOGENDRA Digitally signed by Manoj Kumar KUMAR SRIVASTAVA Gupta Date: 2022.01.03 14:36:49 IST Date: 2022.01.03 14:37:35 IST Reason: Document Owner Reason: Document Owner Location: High Court of Judicature at Location: High Court of Judicature at Allahabad Allahabad
2 issues framed by the court
Whether a writ petition mandating non-interference in peaceful possession is maintainable where a civil suit regarding the property is already pending.
Whether a private dispute respecting immovable property with a pending suit can be adjudicated via writ jurisdiction.
Smt. Kamla Devi
Lakhan Singh
Manoj Kumar Gupta
Yogendra Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
