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2017 Supreme(All) 1249

TARUN AGARWALA, ASHOK KUMAR
SMITA MISHRA – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Manish Dev Singh for the Petitioner; C.S.C. for the Respondents.

JUDGMENT

By the Court.—A partition suit was filed by the petitioner against her family being Original Suit No. 1298 of 2013. A preliminary decree was passed by the trial Court by an order dated 26th August, 2014 declaring that the petitioner is entitled to 1/3rd share in the property i.e. 86A/1, Tagore Town, Allahabad. Based on this order, the petitioner moved an application under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to the Act) before the Additional Chief Judicial Magistrate, Allahabad contending that her brother, who is not arrayed as a party in the present writ petition, has forcibly locked one room in the property in question, and therefore in terms of the decree, the possession of this one room be given to the petitioner. The Additional Chief Judicial Magistrate by an order dated 15th July, 2016 directed the Station House Officer, Gorge Town, Allahabad to give possession to the petitioner in terms of the preliminary decree of the trial Court. Since this order was not being enforced, the petitioner has filed the present writ petition praying for a writ of mandamus commanding the Station House Officer, George Town to enforce










































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