Hansraj vs Dhannu @ Dhanju and 2 Others — Specific Performance | Allahabad HC (2025)

Hansraj vs Dhannu @ Dhanju and 2 Others — Specific Performance | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Trial court directed: if the application for grant of temporary injunction remains pending and undecided, to make every endeavour to decide it in accordance with law, after hearing all affected parties, preferably within two months from the date of production of certified copy of this order.

Issue for consideration

Whether the High Court should direct the respondents/defendants neither to dispossess the petitioner from nor sell the disputed land (Arazi No. 138, Area 0.368 hectare, Village Dugauli, Pargana & Tehsil Kerakat, District Jaunpur) during the pendency of Original Suit No. 301 of 2022. +2 more

Ratio / Principle

The prayers made in the writ petition — restraining the respondents from dispossessing the petitioner from or selling the disputed land during pendency of the suit, and directing expedition of the suit — cannot be granted in view of the Division Bench judgment of this Court in Ali Shad Usmani vs. Ali Isteba, 2015 (2) ADJ 250 (DB); consequently the petition is disposed of without calling for counter affidavit or issuing notice to private respondents (covering both issues 1 and 2).

Key takeaways

In case the application for grant of temporary injunction is pending before the Court below and has not been decided till date, the trial Court shall make every endeavour to decide it in accordance with law, after hearing all affected parties, preferably within a period of two months from the date of production of certified copy of this order.ratio¶11
This Court has expressly not adjudicated the matter on merits.ratio¶13

Detailed headnote1 paragraphs

Writ petition (Article 227, No. 1541 of 2025) by Hansraj prayed (i) that the respondents be restrained from dispossessing him from or selling Arazi No. 138 (0.368 hectare), Village Dugauli, Pargana & Tehsil Kerakat, District Jaunpur, during the pendency of Original Suit No. 301 of 2022 (Computerized Case No. UPAP06001035 of 2022) under Section 31 of the Specific Relief Act, 1963 before the Civil Judge (Junior Division), Shahganj, and (ii) that the trial court be directed to decide that suit within a stipulated time frame. Held: the prayers cannot be granted in view of the Division Bench judgment of this Court in Ali Shad Usmani vs. Ali Isteba, 2015 (2) ADJ 250 (DB); the petition was disposed of without calling for counter affidavit or issuing notice to private respondents. On counsel stating that an application for grant of temporary injunction was pending before the Court below, the trial court was directed to make every endeavour to decide it in accordance with law, after hearing all affected parties, preferably within two months from production of certified copy of the order. The Court expressly did not adjudicate the matter on merits. Decision dated 24.2.2025; bench: Hon'ble Rohit Ranjan Agarwal, J.

Neutral Citation No. - 2025:AHC:26175

Court No. - 9

Case :- MATTERS UNDER ARTICLE 227 No. - 1541 of 2025

Petitioner :- Hansraj Respondent :- Dhannu @ Dhanju And 2 Others Counsel for Petitioner :- Ashok Kumar Mishra

Hon'ble Rohit Ranjan Agarwal,J.

This writ petition has been filed with the following prayers:-

"i. issue a order or direction to direct the respondents/defendants neither dispossess the petitioner from the disputed land of Arazi No.138 measuring Area 0.368 hect. nor sell the land in question situated in Village-Dugauli, Pargana & Tehsil-Kerakat, District- Jaunpur, during the pendency of Original Suit No.301 of 2022, Computerized Case No. UPAP06001035 of 2022 (Hanshraj Vs. Dhannu and Others), Under Section-31 of Specific Relief Act, 1963 before the Court of learned Civil Judge (Junior Division). Shahganj, Jaunpur.

ii) ii. issue a order or direction to direct the learned Civil Judge (Junior Division) Shahganj, Jaunpur to decide Original Suit No.301 of 2022, Computerized Case No. UPAP06001035 of 2022 (Hanshraj Vs. bhannu and others), Under Section-31 of Specific Relief Act, 1963, within stipulated time frame fixed by this Hon'ble Court Court. (Annexure No.1 to the"

The prayers made in the writ petition cannot be granted in view of judgement of Division Bench of this Court rendered in case of Ali Shad Usmani vs. Ali Isteba, 2015 (2) ADJ 250 (DB) . However, when the Court was going to dismiss the petition, learned counsel for petitioner states that application for grant of temporary injunction is pending consideration before the Court below.

As no useful purpose would be served in keeping the matter pending or calling for counter affidavit or issuing notice to private respondents, the writ petition stands disposed of .

This Court directs that in case, the application for grant of temporary injunction is pending consideration before the Court below and the same has not been decided till date, the trial Court shall make every endeavour to decide the same in accordance with law, after hearing all affected parties, preferably within a period of two months from the date of production of certified copy of this

order.

It is made clear that this Court has not adjudicated the matter on merits.

Order Date :- 24.2.2025 SK Goswami

Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad