Disposed

Satya Tripathi v. Nandita Dwivedi and Others

Allahabad HC10 Sept 2024FAFO/171/2024

Case brief

AI extract

What is this about?

This is an interim first appeal from an order rejecting an application for interim injunction and status quo. The court directed the filing of counter and rejoinder affidavits and listed the matter for hearing, while ordering the maintenance of the status quo till the next date.

What did the court decide?

Order for counter affidavit, rejoinder, listing in top ten cases; status quo to be maintained.

Satya Tripathi vs Nandita Dwivedi and Others — Property and Title | Allahabad HC (2024)

¶1

Court No. - 2 Case :- FIRST APPEAL FROM ORDER No. - 171 of 2024 Appellant :- Satya Tripathi Respondent :- Nandita Dwivedi And Others Counsel for Appellant :- Prem Shankar,Mahendra Kumar Dwivedi

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Hon'ble Rajesh Singh Chauhan,J.

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Heard Sri P.S. Bajpai, learned counsel for the appellant.

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Issue notice to respondents no.1, 2 & 3 returnable at an early date.

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Steps within a week. Office to proceed accordingly.

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This First Appeal From Order has been filed under Order 43 Rule 1 (r) of the C.P.C. against the order dated 06.05.2024 passed by the learned Additional Civil Judge (Senior Division), Court No.42, Lucknow in Civil Suit No.1281 of 2021 whereby Application C-6 under Order 39 Rules 1 & 2 read with Section 151 C.P.C. supported with affidavit C-7 has been rejected.

¶7

Learned counsel for the appellant has submitted that the present appellant is in possession of the property in question as recital to this effect has been given in para-15 of the application filed under Order 39 Rules 1 & 2 C.P.C. and replying the aforesaid contention vide para-16 of the counter affidavit, the respondents have not denied this fact. Sri Bajpai has further submitted that the Civil Court had passed the order of status quo on 02.09.2021. After passing the impugned order, now the respondents are trying to interfere in the peaceful possession of the appellant and trying to take forcible possession of the property in question.

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Matter requires consideration.

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Let counter affidavit be filed within a period of three weeks. Rejoinder affidavit, if any, may be filed within a period of one week thereafter.

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List in the week commencing 22.07.2024 within top ten cases.

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Till the next date of listing, status quo in respect of the property in question, as on today, shall be maintained by the parties.

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[Rajesh Singh Chauhan,J.]

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Order Date :- 19.6.2024 /RBS/-

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Digitally signed by :- RAM BIR SINGH High Court of Judicature at Allahabad, Lucknow Bench

Satya Tripathi v. Nandita Dwivedi and Others

Case brief

What is this about?

What did the court decide?

Satya Tripathi v. Nandita Dwivedi and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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Case details

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