Lalit Soni and 4 Others v. Padum Kumar Rastogi and 2 Others
Case brief
What is this about?
Allahabad High Court, Lucknow Bench, Court No. 7; Saurabh Lavania, J.; decision dated April 9, 2026; Matter under Article 227 No. 1447 of 2026; Lalit Soni v. Padum Kumar Rastogi; interim protection against coercive action for possession of premises; Execution Case No. 06 of 2017 not to be pressed till next date; eviction case under Section 21(1)(a) of U.P. Act No. 13 of 1972; impugned orders dated 18.10.2022 and 16.10.2026; maxim 'Nemo dat quod non habet'; rights of opposite party no. 2; counter affidavit two weeks, rejoinder one week; next listing 01.05.2026.
What did the court decide?
Interim order: opposite party no.1 not to press Execution Case No. 06 of 2017 till the next date of listing and not to take any coercive action against the petitioners in relation to taking possession of the premises in issue; counsel for opposite party no.1 to address the rights of opposite party No. 2 in light of the maxim 'Nemo dat quod non habet' on the next date; counter affidavit within two weeks and rejoinder affidavit one week thereafter; case listed on 01.05.2026.