Ram Kishan vs Habib And Others
2011 Latest Caselaw 1310 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 4
 

 
Case :- WRIT - C No. - 23404 of 2011
 

 
Petitioner :- Ram Kishan
 
Respondent :- Habib And Others
 
Petitioner Counsel :- J.P.S. Chauhan
 

 
Hon'ble Rajes Kumar,J.

The plaintiff filed a suit for permanent injunction in respect of the property in dispute along with an application for interim relief. The trial court after hearing both the parties has granted an interim relief directing the parties to maintain status-quo. Against the said order, the respondents-defendants filed an appeal, which has been allowed by the impugned order. The appellate authority held that the dispute relates to the boundary wall and of an agricultural land, which falls within the purview of Revenue court, therefore he allowed the appeal.

Learned counsel for the petitioner submitted that the land is the abadi land. There is no dispute of title. Therefore, the civil suit is maintainable. The order of the appellate court is patently illegal. In support of the contention he relied upon a decision of this Court in the case of Lakshmi Prasad and others Vs. Smt. Krishna Devi, reported in 2000 (91) R.D.-372.

The matter requires consideration.

Issue notice to the respondents, returnable at an early date. The petitioner may take steps to serve the respondents within 10 days.

List in the week commencing 23.5.2011.

Till the next date of listing, the parties shall maintain status-quo in respect of the property in dispute.

Order Date :- 22.4.2011

OP