HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 4 Case :- WRIT - C No. - 18435 of 2011 Petitioner :- Shailesh Sharma Respondent :- Mahatam And Another Petitioner Counsel :- A.P. Tewari,S.S. Tripathi Hon'ble Rajes Kumar,J.
The petitioner filed a suit for permanent injunction along with an application for interim relief. The dispute relates to the properties shown as A.B.C.D. in the map, which is at page 15 of the writ petition. According to the petitioner, adjacent to the said land, the petitioner has a house and the property in dispute is the abadi land, which the petitioner is treating appurtenant to his house. It is also case of the petitioner that defendants have no title over the property in dispute and they are raising construction. The application for interim relief has been rejected mainly on the ground that in the plaint nothing has been said about Araji no. 493 area 0.18 Sq. Mt. and secondly there is no door between the petitioner's house and the land in dispute.
It is not the case of the defendants that the land in dispute belongs to them and they have a title over the land in dispute. The claim of the petitioner is yet to be examined. In view of the above, it would be appropriate that the parties shall maintain statues quo in respect of the property in dispute.
Issue notice to the respondents, returnable at an early date. The petitioner may take steps to serve the respondents within two weeks.
List in the week commencing 9.5.2011.
Till the next date of listing, the parties in suit no. 587 of 2010 (Shailesh Vs. Mahatam and another) shall maintain status quo in respect of the property in dispute.
Order Date :- 1.4.2011 OP