Laxman Mishra Vs Mr. Amrendra Singh and 2 Others — Writ and Judicial Review | Allahabad HC (2025)

Laxman Mishra Vs Mr. Amrendra Singh and 2 Others — Writ and Judicial Review | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Direction to the Civil Judge, Junior Division, Lucknow to decide the injunction application positively within two weeks (defendants having put in appearance); parties directed to maintain status quo with regard to title and possession till decision of the injunction application on merits; the impugned order of 21.07.2025 was not set aside and no injunction was granted by this Court.

Issue for consideration

Whether interim protection (restraint from dispossession / status quo) should be accorded to the petitioner, who claims ownership of Gata No. 67 by sale deed dated 02.02.2024, against defendants alleged to be threatening to obstruct possession despite having no title. +1 more

Court's answer

Till the decision on the injunction application on merits, the parties shall maintain status quo with regard to title and possession.

Ratio / Principle

The petition is disposed of with a direction to the Civil Judge, Junior Division, Lucknow to decide the injunction application positively within a period of two weeks, as the defendants have put in appearance.

Key takeaways

Any observation made in this order will not come in the way of the Civil Judge deciding the injunction application on its own merits.obiter¶14

Detailed headnote1 paragraphs

MATTERS UNDER ARTICLE 227 No. 4441 of 2025 — High Court of Judicature at Allahabad, Lucknow Bench — Laxman Mishra v. Mr. Amrendra Singh And 2 Others — Hon’ble Pankaj Bhatia, J. — Order dated 25.7.2025. Petitioner claims ownership of property at Gata No. 67 by sale deed executed on 02.02.2024; defendants to Original Suit No. 2395 of 2024 (suit for mandatory injunction before the Civil Judge, Hawali (Junior Division), Lucknow), despite having no title, threatened to obstruct possession; no interim order was passed on the injunction application; on 18.07.2025 defendants allegedly demolished the boundary wall and tried unauthorized possession, prompting an application under Section 151 C.P.C., but the trial Court fixed the matter for 18.09.2025 and granted no injunction, the defendants having filed no objections. The High Court disposed of the petition, directing the Civil Judge, Junior Division, Lucknow to decide the injunction application positively within two weeks as the defendants had put in appearance, and directed the parties to maintain status quo with regard to title and possession till the injunction application is decided on merits, clarifying that its observations would not bind the trial court's merits determination. No precedent was cited.

Neutral Citation No. - 2025:AHC-LKO:43078

Court No. - 7

Case :- MATTERS UNDER ARTICLE 227 No. - 4441 of 2025

Petitioner :- Laxman Mishra Respondent :- Mr. Amrendra Singh And 2 Others Counsel for Petitioner :- Lakshmi Kant Tripathi,Tushar Kant Mishra

Hon'ble Pankaj Bhatia,J.

Heard learned counsel for the petitioner.

The petition has been filed for the following relief :-

a) Set aside the impugned order dated 21.07.2025 passed by the Learned Civil Judge Hawali (Junior Division), Lucknow in Original Suit No. 2395 of 2024 i.e. Laxman Mishra Vs Amrendra Singh & others filed herewith as annexure no. 1; in application u/s 151 CPC marked as application no. C15 and direct the opposite party nos. 1 to 3 not to dispossess the petitioner from land in question or direct to maintain status quo till hearing of application no. 6C pending before Civil Judge Hawali (J.D.), Lucknow in RS No. 2395 of 2024 i.e. Laxman Mishra vs Amrendra Singh & others.

The present petition has been filed by the petitioner alleging that he is the owner of the property situated at Gata No.67 by virtue of a sale deed executed in his favour on 02.02.2024. It is stated that the defendants to the suit, despite having no title, were threatening to obstruct the possession. As such, a suit for mandatory injunction was filed, and along with the said suit, an injunction application was also filed. On the said injunction application, no interim order was passed. Subsequently, on 18.07.2025, the defendants came and demolished the boundary wall and tried to take unauthorized possession, for which an application was filed under Section 151 C.P.C. for grant of interim injunction immediately. However, the trial Court has fixed the matter for 18.09.2025, and no injunction has been granted.

It has been stated that the defendants have not even filed objections to the injunction application so far.

Considering the fact that the petitioner claims to be the owner of the property-in-question by virtue of a sale deed,

the present petition is disposed of with a direction to the Civil Judge, Junior Division, Lucknow to decide the injunction application positively within a period of two weeks from today, as the defendants have put in appearance.

Till the decision on the injunction application on merits, the parties shall maintain status quo with regard to title and possession.

It is made clear that any observation made in this order will not come in the way of the Civil Judge deciding the injunction application on its own merits.

(Pankaj Bhatia, J)

Order Date :- 25.7.2025 A.Dewal

Digitally signed by :- ASHISH DEWAL High Court of Judicature at Allahabad, Lucknow Bench