Dismissed

Smt. Prema Devi and 5 Others v. Ganga Prasad Jadia and 7 Others

Allahabad HC18 Jul 2023A227/3797/2023

Case brief

AI extract

What is this about?

This Article 227 writ petition sought to stay execution of a preliminary decree and restrain dispossession in a partition suit pending preparation of lots and the final decree. The Court found the submission misconceived as lot preparation is a necessary step under the CPC and dismissed the petition.

What did the court decide?

The petition praying for stay on execution of preliminary decree and restraint on dispossession was dismissed.

Smt. Prema Devi and 5 Others Vs Ganga Prasad Jadia and 7 Others — Partition | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:142129

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Court No. - 1

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Case :- MATTERS UNDER ARTICLE 227 No. - 3797 of 2023

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Petitioner :- Smt. Prema Devi And 5 Others Respondent :- Ganga Prasad Jadia And 7 Others Counsel for Petitioner :- Ramendra Asthana

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Hon'ble Jayant Banerji,J.

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Heard Shri Ramendra Asthana, learned counsel for the petitioners.

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This petition under Article 227 of the Constitution of India has been filed seeking the following reliefs:-

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"(a) To exercise its supervisory jurisdiction under Article 227 of the Constitution of India, directing the learned Court below (i.e. the learned Civil Judge (Senior Division/Banda) to keep in abeyance proceedings for execution of preliminary decree till such time final decree is prepared and such other and further interim order as may be deemed to be necessary may also kindly be passed.

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And/or

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To exercise supervisory powers by issuing suitable writs, orders, or directions, directing that the defendants/petitioners shall not be dispossessed from property in dispute in their possession during pendency of proceedings for preparation of final decree Ex Case : F.D. No.02/2015 (Ganga Prasad and others Vs. Smt. Prema Devi and others)."

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Shri Asthana, learned counsel for the petitioners states that against the preliminary decree, a second appeal is pending before this Court in which no interim order has been passed. It is stated that pursuant to the preliminary decree, steps have been taken for preparation of lots. It is contended that without preparation of final decree, the execution of preliminary decree cannot be done.

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The submission made on behalf of the petitioners is misconceived. In a suit for partition, in which admittedly the

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preliminary decree has been made, the lots are required to be prepared. It is not the submission of the learned counsel for the petitioners that any other steps are being taken in this regard in furtherance of the preliminary decree. After the lots are prepared, the procedure as prescribed by the CPC would continue that would culminate by making the final decree. No interference is required in this petition.

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The petition is, accordingly, dismissed .

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The Registrar (Compliance) is directed to send a copy of this order to the concerned court within fifteen days.

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Order Date :- 18.7.2023 SK

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(Jayant Banerji, J.)

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Digitally signed by :- SUSHEEL KUMAR High Court of Judicature at Allahabad

Smt. Prema Devi and 5 Others v. Ganga Prasad Jadia and 7 Others

Case brief

What is this about?

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Smt. Prema Devi and 5 Others v. Ganga Prasad Jadia and 7 Others

Case brief

What is this about?

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