Case Note & Summary
The case involved an appeal against an interlocutory order issued by the High Court of Judicature at Allahabad, which directed the District Magistrate and Senior Superintendent of Police, Lucknow, to ensure the petitioners were put in possession of a specific land plot within 24 hours. During the hearing, the counsel for the respondents indicated that they had no objection to the High Court's direction being set aside. The Supreme Court found that the grievance of the appellants was resolved by this concession and deemed it unnecessary to delve into the various aspects of the case. Consequently, the Supreme Court allowed the appeal, set aside the High Court's direction, and requested the High Court to expedite the hearing of the writ petition, ensuring that it remained uninfluenced by any observations made in the impugned order or the Supreme Court's order. The judgment was delivered on August 4, 2009.
Headnote
A) Civil Procedure - Interlocutory Orders - Setting Aside of Direction - Civil Appeal No. 5072 of 2009 - The Supreme Court set aside the High Court's direction to put the petitioners in possession of land as the respondents had no objection to the order being set aside. The Court requested the High Court to expedite the hearing of the writ petition without being influenced by previous orders (Paras 3-6).
Issue of Consideration
Whether the High Court's direction to put the petitioners in possession of land should be upheld.
Final Decision
The Supreme Court allowed the appeal and set aside the High Court's direction to put the petitioners in possession of the land. The Court requested the High Court to expedite the hearing of the writ petition without being influenced by previous orders.
Law Points
- Interlocutory orders
- Possession of land
- Writ petition proceedings
