Shakeel Khan Vs Civil Judge (Sr. Division-I)… — Writ and Judicial Review | Allahabad HC (2025)

Shakeel Khan Vs Civil Judge (Sr. Division-I)… — Writ and Judicial Review | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Petition disposed of with direction: appeal against the 31.5.2025 status quo order, if filed within a week before the competent authority, to be decided with opportunity of hearing to parties expeditiously within one month of filing; interim relief applications, if any, to be decided expeditiously.

Issue for consideration

Whether the Article 227 petition seeking restraint on implementation of the ex parte status quo order dated 31.5.2025 should be entertained despite the available appellate remedy under Order XLIII Rule 1(r) CPC (respondents' preliminary objection, conceded by petitioner's counsel). +1 more

Court's answer

The petition was disposed of with a direction that if the petitioner files an appeal within a week against the impugned order dated 31.5.2025 before the competent authority, the appeal shall be decided after providing opportunity of hearing to the parties expeditiously, within one month from the date of filing of the appeal.

Key takeaways

Any application for interim relief filed along with such appeal shall also be decided expeditiously.obiter¶13

Detailed headnote1 paragraphs

CIVIL PROCEDURE — Ex parte status quo order — Matters under Article 227 — Alternate remedy under Order XLIII Rule 1(r) CPC. Shakeel Khan (Matters Under Article 227 No. 3844 of 2025, High Court of Judicature at Allahabad, Lucknow Bench) sought restraint on the Civil Judge (Sr. Division-I), Ayodhya giving effect to the order dated 31.5.2025 maintaining status quo over the suit property in Regular Suit No. 291/2023 (Ram Kailash and others v. Krishna Manan and others), the order having been passed without hearing him. Respondents' counsel (Sri Ankit Verma) objected that an appeal lay under Order XLIII Rule 1(r) CPC; petitioner's counsel conceded the remedy, confining his grievance to the ex parte nature of the order. Brij Raj Singh, J. disposed of the petition on 24.6.2025, directing that an appeal filed within a week be decided with opportunity of hearing expeditiously within one month of filing, and that interim relief applications be likewise decided expeditiously.

Neutral Citation No. - 2025:AHC-LKO:36166

Court No. - 3

Case :- MATTERS UNDER ARTICLE 227 No. - 3844 of 2025

Petitioner :- Shakeel Khan

Respondent :- Civil Judge (Sr. Division-I) Ayodhya And 3 Others

Counsel for Petitioner :- Amit Singh Counsel for Respondent :- A nkit Verma,Suryansh Narula

Hon'ble Brij Raj Singh,J.

1. Heard learned counsel for the petitioner and learned counsel for the respondents.

2. The present petition has been filed with a prayer for issuing a direction to the opposite party no. 1 i.e. Civil Judge (Senior Division) Ayodhya not to give effect the order dated 31.5.2025 by which the opposite party no. 1 has ordered to maintain status quo over the property in suit, without giving an opportunity of hearing to the petitioner in the Regular Suit No. 291/2023 (Ram Kailash and others Vs. Krishna Manan and others)

3. Sri Ankit Verma has raised a preliminary objection with a submission that against the impunged order dated 31.5.2025, the petitioner has a remedy to file appeal under Order XLIII Rule 1 (r) of the Code of the Civil Procedure, 1908.

4. Learned counsel for the petitioner however conceded the aforesaid submission made by the learned counsel for the respondents that the petitioner has an alternate statutory remedy against the impugned order but he has a

grievance that the order has been passed ex-parte and thus valuable rights of the petitioners have been infringed,

5. Having heard learned counsel for the parties and perused the record, the present petition is disposed of with a direction that if an appeal is filed within a week by the petitioner against the impugned order before the competent authority, the same shall be decided after providing opportunity of hearing to the parties expeditiously say within one month from the date of filing of the appeal by the petitioner. In case, any application for interim relief is filed, the same shall also be decided expeditiously.

[Brij Raj Singh, J.]

Order Date :- 24.6.2025 A nuj Singh

Digitally signed by :- ANUJ PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench