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ALLAHABAD HIGH COURT
V.K. Shukla, Umesh Chandra Srivastava, JJ.
Randheer Singh - Appellant
Versus
State of U.P. And 6 Ors. - Respondent
WRIT - C No. - 17401 of 2016
Decided On : 20-04-2016
Injunction - Property Dispute - The court dismissed the writ petition seeking to prevent dispossession from the property in question, stating that the petitioner's remedy lies in filing a suit for injunction, which would be tested on the parameters of prima facie case, balance of convenience, and irreparable loss.
Fact of the Case:
The petitioner sought a command to prevent dispossession from a specific property, citing ongoing disputes and pending suits for cancellation of sale deed and partition.
Finding of the Court:
The court dismissed the writ petition, stating that the petitioner's remedy lies in filing a suit for injunction.
Issues: Dispute over property, threat of dispossession, pending suits for cancellation of sale deed and partition, remedy of the petitioner
Ratio Decidendi: The court emphasized that the remedy for the petitioner lies in filing a suit for injunction, which would be tested on the parameters of prima facie case, balance of convenience, and irreparable loss.
Final Decision: The writ petition was dismissed.
Randheer Singh is before this Court with a prayer to command the respondents not to dispossess the petitioner from Khata No.466, Gata No.958 Mi area 0.359 hectare, 972 Mi area 0.102 hectare, 968 Kha area 0.2360 hectare, 924 Kha area 0.2870 hectare, 955 Mi area .5640 hectare, total area is 1.5480 hectare situated in Village Baranpur, Kanhijari (Bannapur), Tehsil Maitha, District Kanpur Dehat.
2. This much is clearly reflected that inter-se parties, for the property in question, dispute is on-going before the Civil Court and it has been informed at the bar that suit for cancellation of sale deed and suit for partition are already pending consideration.
3. Once in reference of property in question, two suits are already pending consideration and petitioner submits that he is under the threat of being dispossessed, then the remedy of petitioner lies by filing suit for injunction and request there for grant of injunction and it is always expected that the same would be tested upon the parameters of prima-facie case, balance of convenience and irreparable loss.
4. In view of this, the writ petition in question, as it has been framed and drawn, is dismissed.
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