Punit Kumar Shukla and 4 Others vs Goklendra Bahadur Singh and 19 Others — Allahabad HC (2025) — LawSathi Research

Punit Kumar Shukla and 4 Others vs Goklendra Bahadur Singh and 19 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Appeal admitted; interim stay till the next date of listing imposed on the part of the judgment dated 28.07.2025 directing the appellants to vacate the premises; notices ordered to respondents No.1-11 and 13-20; trial court record summoned; matter listed for 15.10.2025 alongwith service report and trial court record. The substantive adjudication of the appeal remained pending.

Issue for consideration

Whether the judgment and decree dated 28.07.2025 was right in finding the defendants/appellants to be in unauthorized possession and directing them to vacate, given the contention recorded in the appeal narrative that such findings are bad, unsupported by evidence, and rest on an incorrect reading and application. +2 more

Ratio / Principle

As an interim measure, the part of the judgment dated 28.07.2025 whereby directions were issued to the appellants to vacate the premises shall remain stayed till the next date of listing.

Key takeaways

The appeal was admitted ('Admit'); notice was ordered to respondents No.1 to 11 and 13 to 20, returnable at an early date, steps to be taken within a week; the trial court record was to be summoned; and the matter was listed for 15.10.2025 alongwith service report and trial court record.ratio¶18
Since no specific claim of mesne profits or damages was prayed for before the trial court, the question of subjecting the appellants' possession to conditions including deposit of damages for unlawful occupation shall be considered only after the trial court record is received and notices are served to the other respondents — i.e., the point was expressly left open at this stage.obiter¶16

Detailed headnote1 paragraphs

Allahabad HC (Lucknow Bench), Court No.7 - First Appeal No. 149 of 2025 (also referenced as FAPL No. 149 of 2025), Punit Kumar Shukla and 4 others (appellants) versus Goklendra Bahadur Singh and 19 others (respondents); heard and decided on September 4, 2025 by Hon'ble Jaspreet Singh, J. Appeal preferred under Section 96 of the Code of Civil Procedure, 1908 assailing the judgment and decree dated 28.07.2025 of the Civil Judge (Senior Division), Lakhimpur Kheri in Regular Suit No. 354 of 2018, whereby plaintiffs' suit was partly allowed: defendants restrained from demolition, creation of third-party rights and interference with plaintiffs' peaceful possession, held to be in unauthorized possession and directed to vacate. Appeal narrative records appellants' contention that these findings are bad and unsupported by evidence, incorrectly read and applied. Respondent No.12 (present on caveat; counsel Pratish Kumar assisted by Shishir Chandra and Vishnu Pratap Singh) urged that appellants' continued possession during the appeal be conditioned upon deposit of damages for unlawful occupation; appellants' counsel comprised Shri Mohd. Arif Khan, Senior Advocate, assisted by Shri Mohd. Aslam Khan. Court observed that no specific mesne-profits or damages claim had been prayed for before the trial court and expressly deferred that aspect until the trial court record is received and notices are served on the other respondents. Disposition: appeal admitted; notice to respondents 1-11 and 13-20 returnable early; steps within a week; trial court record summoned; relisting fixed for 15.10.2025 with service report and trial court record; interim measure - the vacation directive contained in the judgment dated 28.07.2025 stayed till the next date of listing. No precedent cited; no quantum awarded; single-member bench, no dissent.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

FIRST APPEAL No. - 149 of 2025

Punit Kumar Shukla And 4 Others

.....Appellant(s)

Versus

Goklendra Bahadur Singh And 19 Others

.....Respondent(s)

Counsel for Appellant(s) : Mohammad Aslam Khan Counsel for Respondent(s) : Shishir Chandra, Vishnu Pratap Singh

Court No. - 7

HON'BLE JASPREET SINGH, J.

1. Heard Shri Mohd. Arif Khan, learned Senior Advocate assisted by Shri Mohd. Aslam Khan, learned counsel for the appellants and Shri Pratish Kumar, Advocate assisted by Shri Shishir Chandra and Shri Vishnu Pratap Singh, learned counsel for the respondent No.12, who have appeared on caveat.

2. The instant appeal has been preferred under Section 96 of the Code of Civil Procedure, 1908, assailing the judgment and decree dated 28.07.2025 passed by the learned Civil Judge (Senior Division), Lakhimpur Kheri in Regular Suit No. 354 of 2018, whereby the suit filed by the plaintiffs/respondents has been partly allowed. By the said judgment, directions have been issued restraining the defendants of the suit from causing any demolition, creating any third-party rights, or interfere with the peaceful possession of the plaintiffs. It was also provided that the defendants shall vacate the premises as they are held to be in unauthorized possession and the said findings are bad and are not supported by evidence, which has been incorrectly read and applied.

3. Learned counsel appearing for the respondent No.12 has submitted that, since the appellants were defendants in the suit and the impugned judgment and decree records a finding that they are in unauthorized occupation, their continued possession of the property during the pendency of the appeal should be subject to certain terms and conditions for deposit of damages for unlawful occupation.

FAPL No. 149 of 2025

2

4. Since no specific claim of mesne profits or damages was prayed for before the trial court, hence, this aspect shall also be considered after the trial court record is received and notices are served to the other respondents.

5. Admit.

6. Let notice be issued to respondents No.1 to 11 and 13 to 20, returnable at an early date.

7. Steps be taken within a week.

8. Summon trial court record.

9. List this matter on 15.10.2025 alongwith service report and trial court record.

10. As an interim measure, the part of the judgment dated 28.07.2025, whereby directions have been issued to the appellants to vacate the premises, shall remain stayed till the next date of listing.

(Jaspreet Singh,J.)

September 4, 2025 Shubhankar

Digitally signed by :- SHUBHANKAR THAKUR High Court of Judicature at Allahabad, Lucknow Bench