Court No. - 7

Case :- WRIT - C No. - 28145 of 2022

Petitioner :- Arjun Singh And 3 Others

Respondent :- State Of U.P. And 8 Others

Counsel for Petitioner :- Krishna Mohan Tripathi,Rahul

Kumar Pandey

Counsel for Respondent :- C.S.C.

Hon'ble Chandra Kumar Rai,J.

Heard Counsel for the petitioners and learned Standing Counsel

for State-respondents.

The instant writ petition has been filed praying for a mandamus

restraining the respondent Nos.3 to 9 from creating any third

party right in respect to the disputed plot regarding which the

partition suit is pending before the respondent No.2.

Counsel for the petitioners submitted that suit for partition

under Section 116 of U.P. Revenue Code, 2006 filed by the

petitioner is pending before the respondent No.2. He further

submitted that an interim order for maintaining status quo has

been passed in the aforementioned pending suit. He further

submitted that direction be issued for expeditious disposal of

the pending partition suit and respondents be restrained from

creating 3rd party right in respect of the plot in dispute.

Counsel for the respondent submitted that interim order of

maintaining status quo has been passed therefore no

interference is required in the matter.

I have considered the submission advanced by the counsel for

the parties and perused the record.

Since the partition suit is pending before the respondent No.2 in

which interim order for maintaining status quo has been passed

in the pending partition suit, as such no interference is required

in the matter by this Court under Article 226 of the Constitution

of India.

Considering the facts and circumstances of the case, without

expressing any opinion on the merits of the issue, the present

petition stands disposed of finally with a direction to

respondent No.2 Assistant Collector Ist Class/ Sub District

Magistrate, Sardhana, Meerut to consider and decide the

aforementioned pending partition suit in accordance with law

expeditiously and preferably within a period of six months

from the date of production of certified copy of this order after

giving opportunity of hearing to the parties concerned and

without granting unnecessary adjournments to either of the

parties.

Order Date :- 13.2.2023

PS*

Digitally signed by :-

PRITI SHARMA

High Court of Judicature at Allahabad