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HIGH COURT OF JUDICATURE AT ALLAHABAD
MANOJ KUMAR GUPTA, ARUN KUMAR
Soni – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
1. The present writ petition has been filed for the following reliefs:-
i. Issue a writ, order or direction in the nature of Mandamus commanding and directing the respondent no. 2 to 7 to open the lock and restore the possession of the petitioner over her joint ancestral house.
ii. Issue a writ, order or direction in the nature of Mandamus commanding the State Government to take appropriate action against the Respondent no. 4, 5, 6 and 7 for crushing the rule of law.
FACTS OF THE CASE
2. The case of the petitioner is that her father-in-law namely, Gelhari was a co-tenure holder of plot No.211, area 0.431 hectare. After his death, the names of the petitioner’s husband Shyamji, his brothers Premji, Ramji and Lalji and their mother Shivdhari Devi came to be recorded in the relevant khatauni in his place. During his lifetime, he constructed a two storied building over the said plot, having frontage of 20 feet on Bansi- Dandi Road and a width of 68 feet. On the ground floor, there are two shops, each having a width of 9 feet and a gallery of 6 feet width, which serves as an entrance to the remaining part of the house. In one of the shops, the petitioner has been running a beauty p
The court held that ex parte injunctions must adhere to proper legal process, emphasizing the necessity of hearing all parties and verifying possession before enforcement, thereby invalidating the ad....
The court ruled that administrative actions and orders from the trial court lacking due procedural safeguards lead to wrongful dispossession.
The trial court's ex parte orders for possession were illegal, necessitating due process and rightful hearings before dispossessing parties from joint property.
Administrative authorities cannot interfere in civil property disputes pending before a competent court, and dispossession must follow due process of law.
The court established that inherent powers under Section 151 of the CPC can be exercised to restore possession when parties have been wrongfully dispossessed, irrespective of the formal dismissal of ....
Execution courts can issue possession warrants under CPC for violations of permanent injunctions based on established possession findings.
In property disputes, proof of ownership and lawful possession must be established; mere claims without supporting evidence lead to dismissal of injunction requests.
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