Sunil Kashyap and 3 Others Vs Smt. Kumkum Singh and 2 Others

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

MATTERS UNDER ARTICLE 227 No. - 6312 of 2025

Sunil Kashyap And 3 Others

Versus		.....Peti	tioner(s)
Smt. Kumkum Singh And 2 Others		.....Respo	ndent(s)
Counsel for Petitioner(s) : Amol Ahmad Counsel for Respondent(s) :	Kumar Siddiqui	Srivastava,	Parvez

¶5

Court No. - 20

¶6

HON'BLE SYED QAMAR HASAN RIZVI, J.

¶7

Shri Prabhat Kumar, Advocate has filed Vakalatnama on behalf of respondent nos. 1 to 3 in Court today. The same is taken on record.

¶8

Heard Shri Amol Kumar Srivastava, learned counsel for petitioners, Shri Prabhat Kumar, learned counsel appearing for respondents and perused the material available on record.

¶9

By means of the present petition under Article 227 of the Constitution of India, the petitioner has prayed the following relief:-

¶10

i). to issue a suitable direction to learned Civil Judge (Senior Division), Mohanlalganj, Lucknow to extend the date of the execution of the order dated 08.10.2025 in Execution No. 48/2018, titled as "Smt. Kumkum Singh and others Vs. Sunil Kashyap and others" from 30.10.2025 to 30.11.2025, or any reasonable time being fixed by this Hon'ble Court, in lieu of the pending SLP before the Hon'ble Supreme Court, bearing Diary No. 58109/2025, titled as "Sunil Kashyap and others Vs. Smt. Kumkum Singh and others", filed by the petitioners against the order dated 14.08.2025 passed by the Hon'ble Court of Allahabad sitting at Lucknow in Second Appeal No. 141 of 2025, titled as "Sunil Kashyap and others Vs. Smt. Kumkum Singh and others" , or otherwise the petitioners are ready to tender their undertaking that they would vacate the premises in question on or before 30.11.2025, in case, no

¶11

A227 No. 6312 of 2025

¶12

2

¶13

interim protection is granted to the petitioner by the Hon'ble Supreme Court."

¶14

Shri Prabhat Kumar, learned counsel for respondents has vehemently opposed the present petition on the ground that since order dated 14.08.2025 passed by this Court in Second Appeal No. 141 of 2025 has now attained finality and the order dated 08.10.2025 passed in Execution No. 48/2018 is not under challenge, as such, the petitioner has no case to seek interference in the execution proceedings pursuant to the order dated 08.10.2025; under Article 227 of the Constitution of India.

¶15

It is contended on behalf of learned counsel for petitioners that the petitioners have already approached the Hon'ble Supreme Court assailing the order dated 14.08.2025 passed in Second Appeal No. 141 of 2025 (Sunil Kashyap and others Vs. Smt. Kumkum Singh and others) by preferring an SLP before the Hon'ble Apex Court, which has been given Diary No. 58109/2025 (Sunil Kashyap and others Vs. Smt. Kumkum Singh and others) . He further submitted that the said case is expected to be taken up in the first week of November, 2025, therefore, petitioners deserve sometime to pursue the said legal remedy to get relief from the Hon'ble Supreme Court.

¶16

The fact that although the aforesaid SLP has not been admitted but diary number has been given, is not disputed even by learned counsel for respondents.

¶17

In any case, this Court at this stage finds no good reason to interfere under Article 227 of the Constitution of India with the aforesaid unchallenged execution proceedings lying before the court of learned Civil Judge (Senior Division), Mohanlalganj, District Lucknow, having Execution Case No. 48 of 2018.

¶18

After arguing the matter at some length, learned counsel appearing for petitioners submitted that the petitioners may be given liberty to move appropriate application for enlargement of the time frame fixed for the submission of the Amin's report as stipulated in the order dated 08.10.2025 by the Court concerned where the Execution proceedings having Execution No. 48 of 2018 is under consideration.

¶19

Without adverting on the merits of the case and with the consent of

¶20

A227 No. 6312 of 2025

¶21

3

¶22

parties, the instant petition is disposed of at the admission stage itself with the liberty to the petitioners to move appropriate application(s) before the learned Civil Judge (Senior Division), Mohanlalganj, District Lucknow seeking enlargement of time frame as stipulated in order dated 08.10.2025 passed in Execution No. 48/2018. In case such an application is moved on behalf of the petitioners by tomorrow i.e., 29.10.2025, the Court concerned shall consider and disposed of the same at the earliest, strictly in accordance with law.

¶23

With the aforesaid observations and liberty granted to the petitioner, the instant petition is disposed of .

¶24

(Syed Qamar Hasan Rizvi,J.)

¶25

October 28, 2025 Virendra

¶26

Digitally signed by :- VIRENDRA KUMAR GUPTA High Court of Judicature at Allahabad, Lucknow Bench

Sunil Kashyap and 3 Others v. Smt. Kumkum Singh and 2 Others

Case brief

What is this about?

What did the court decide?

Sunil Kashyap and 3 Others v. Smt. Kumkum Singh and 2 Others

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

U.P. Real Estate Regulatory Authority, Lko. Thru. Chairman and Another vs M/S Urbanac Developers and Company, Lko. Thru. Mr. Ravi Bansal, Partner and Authorized Signatory

Smt. Veena Srivastava vs Pradeep Srivastava and another

Dinesh Kumar vs State of U.P. Thru. Secy. Ministry of Revenue Lko. and 4 Others

Jitendra Kumar Gautam Vs Prin. Secy. Family Court Lko. and 2 Others

Smt. Vinti Pandey vs Dhananjay Tiwari

Akhilesh Pratap Singh Vs Ld. Civil Judge (Junior Division) Musafirkhana Sultanpur and Another