Court No. - 40
Case :- MATTERS UNDER ARTICLE 227 No. - 2137 of 2019 Petitioner :- S. P. Singh @ Shivendra Pratap Singh Respondent :- Upper Civil Judge (Senior Division) Court No. 2 Ghaziabad And Another Counsel for Petitioner :- Gulab Chandra Tiwari,Vikash Chandra Tiwari
Hon'ble Harsh Kumar,J.
Heard Sri Gulab Chandra Tiwari, learned counsel for petitioner.
The present petition under Article 227 of Constitution of India has been filed with the prayer that an order or direction be passed to restrain the respondent no.2, decree holder, restraining him from changing the nature of disputed house/building or transferring the same.
It is undisputed that in Civil Suit No.2177 of 2013 a decree was passed against petitioner in execution of which property of suit was got evicted from him and given in possession of plaintiff- decree holder, the respondent no.2. Against the judgment and decree passed in civil suit on 19.8.2017 petitioner alleges to have filed First Appeal No.204 of 2018 before this Court and has filed this petition under Article 227 of Constitution of India seeking order of status quo over the property in suit.
The petition is wholly misconceived and is liable to be dismissed.
The petition is dismissed, accordingly.
Petitioner if wants may seek desired remedy in first appeal filed by him.
Order Date :- 25.4.2019 Kpy