Allahabad High Court
MOHD LAIK AND 2 OTHERSversusMOHD JAHID
- Decided
- Bench
- MANISH KUMAR NIGAM
Holding
The petition is disposed of, with the appellate court directed to decide the pending appeal expeditiously.
Summary
The petitioners challenged the appellate court's order dated 13.01.2026 that stayed an interim injunction granted by the trial court on 18.12.2025. The respondents argued that the injunction was being used to interfere with their possession of the disputed property, justifying the stay. The High Court observed that the appeal against the injunction is still pending before the lower appellate court, rendering the petition unnecessary. Consequently, the Court disposed of the petition and directed the Additional District Judge, Bareilly, to decide the appeal expeditiously, preferably within twelve weeks, and ordered both parties to maintain the status quo until then.
Issues considered
- Whether a petition under Article 227 challenging a stay of an interim injunction is maintainable when the appeal is pending before the lower appellate court
- Whether the High Court can direct the appellate court to decide the pending appeal within a specified time frame
Subjects
- interim injunction
- stay order
- appeal pending
- Article 227
- status quo
- expeditious disposal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 3405 of 2026
Mohd Laik And 2 Others
.....Petitioner(s)
Versus
Mohd Jahid
.....Respondent(s)
Counsel for Petitioner(s) : Dileep Kumar Yadav, Yash Padia
Counsel for Respondent(s) : Sanjeev Kumar Mishra
Court No. - 5
HON'BLE MANISH KUMAR NIGAM, J.
1. This petition has been filed challenging the order dated 13.01.2026 passed by the
appellate court. Trial court by order dated 18.12.2025 granted an interim injunction in
favor of the plaintiff-petitioners. The defendant-respondent filed an appeal in which
the order dated 13.01.2026 was passed staying the operation of interim injunction
order granted by the trial court.
2. Learned counsel for the respondent submitted that in the garb of interim injunction
order, the plaintiff-petitioners started interfering with the possession of the defendant
over the property in dispute and therefore, the appellate court has rightly stayed the
operation of interim injunction order. It has also been submitted that the appeal is
pending consideration before the court below.
3. Since the appeal is pending, no useful purpose would be served in keeping this
petition pending.
4. Accordingly, the petition stands disposed of with direction to the appellate court i.e.
Additional District Judge, Court No. 1, District- Bareilly to consider and decide the
appeal expeditiously, preferably within a period of twelve weeks from the date of
production of certified copy of this order, after hearing all the parties concerned,
provided there is no other legal impediment.
5. Till the disposal of the appeal, both the parties are directed to maintain status quo.
March 19, 2026
Nitika Sri.
(Manish Kumar Nigam,J.)
Digitally signed by :-
NITIKA SRIVASTAVA
High Court of Judicature at Allahabad
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