Disposed

Dr. Shyam Narain Gupta v. Civil Judge Senior Division Mohanlalganj Lko. and 3 Others

Allahabad HC28 Aug 2025A227/5057/2025

Case brief

AI extract

What is this about?

Petition under Article 227 seeking directions to restrain disposal of agricultural land pending a mandatory injunction suit. The amended prayer was allowed; the court declined to entertain the injunction relief as a temporary injunction application was already pending with the trial court and rejected remaining reliefs.

What the court decided

AI extract

Dr. Shyam Narain Gupta Vs Civil Judge Senior Division… — Property and Title | Allahabad HC (2025)

¶1

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

¶2

MATTERS UNDER ARTICLE 227 No. - 5057 of 2025

¶3

Dr. Shyam Narain Gupta

¶4

.....Petitioner(s)

¶5

Versus

¶6

Civil Judge Senior Division And 3 Others	Mohanlalganj Lko. .....Respondent(s)
Counsel for Petitioner(s)	: Avinash Singh Vishen, Shishir Raj, Vedant Srivastava
Counsel for Respondent(s)	:

¶7

Court No. - 7

¶8

HON'BLE JASPREET SINGH, J.

¶9

Heard learned counsel for the petitioner, who has filed an application for amendment seeking amendment the prayer No.1.

¶10

Having considered the aforesaid application, this Court finds that it does not impact the merits and as such there is no legal impediment in allowing the same. Consequently, the said application for amendment is allowed.

¶11

Learned counsel for the petitioner shall carry out necessary amendments in the memo of the petition during the course of the day.

¶12

By means of the instant petition, the petitioner now seeks the following relief (after amendment) which is being reproduced hereinafter:-

¶13

"I. Direct, the Opposite Party No.3 and 4 to not to dispose off the property bearing Gata No.171, Pargana Sheikhnapur, Tehsil Mohanlalganj, District Lucknow, having total area of 0.3670 Hectares, till the final disposal of the Suit for Mandatory Injunction bearing Regular Suit No.1415 of 2025 titled as "Shyam Narain Gupta versus Ram Sumiran and Ors."

¶14

From a bare perusal of the prayer, which has been quoted above, this Court finds that the application under Order XXXIX Rules 1 and 2 CPC is already pending before the Court concerned. The record does not

¶15

A227 No. 5057 of 2025

¶16

¶17

indicate that whether the defendants of the suit have been served or not. Since, the matter is engaging the attention of the trial Court concerned, this Court, at this stage, is not inclined to entertain the petition leaving it open for the petitioner to move an appropriate application before the Court concerned which needless to say upon such an application, the same would consider and pass appropriate orders including noticing the fact regarding grant of temporary injunction.

¶18

It is made clear that the Court has not examined the case of any of the parties on merit and it will be for the trial Court to pass appropriate orders.

¶19

Insofar as the relief No.2 and 3 are concerned, the same at this stage cannot be entertained which are rejected, however, it is also clarified that in case if any cause of action arises in future for expedition of a suit filed in the year 2025, this order shall not come in the way of the petitioner.

¶20

With the aforesaid, the petition is disposed of .

¶21

(Jaspreet Singh,J.)

¶22

August 28, 2025

¶23

Rakesh/-

¶24

Digitally signed by :- RAKESH PRAJAPAT High Court of Judicature at Allahabad, Lucknow Bench

Dr. Shyam Narain Gupta v. Civil Judge Senior Division Mohanlalganj Lko. and 3 Others

Case brief

What is this about?

What the court decided

Dr. Shyam Narain Gupta v. Civil Judge Senior Division Mohanlalganj Lko. and 3 Others

Case brief

What is this about?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Shyam Badadur Yadav Vs Jaykaran and 4 Others

Neval Singh @ Neval Vs Addl. Civil Judge (Junior Division) II Unnao and 3 Others

Ram Avadh @ Ram Avadh Tiwari Vs Civil Judge (Junior Division) Kunda Pratapgarh and Another

Dinesh Kumar and Others Vs Smt. Munni Devi and 6 Others

Chandrakali @ Kamla and Another Vs Addl. Civil Judge No (J.D.) Court No 34 Lko. and 2 Others

Sunil Kumar Singh Vs Civil Judge (Jr. Div.) Kadipur Distt. Sultanpur and Another