Kamla Prasad @ Kamal Chand vs Bachchu Sonkar And Others
2011 Latest Caselaw 945 ALL

Citation : 2011 Latest Caselaw 945 ALL
Judgement Date : 7 April, 2011

Allahabad High Court

Kamla Prasad @ Kamal Chand vs Bachchu Sonkar And Others on 7 April, 2011

Bench: Rajes Kumar




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 4
 

 
Case :- WRIT - C No. - 20372 of 2011
 

 
Petitioner :- Kamla Prasad @ Kamal Chand
 
Respondent :- Bachchu Sonkar And Others
 
Petitioner Counsel :- Rajeev Misra,Ashu Verma
 

 
Hon'ble Rajes Kumar,J.

The petitioner-plaintiff filed a suit for permanent injunction against the defendants restraining them to raise any construction over the property in dispute, namely, khasra nos. 319 & 304/04. The petitioner claims that his name is duly recorded in the khasra in respect of araji nos. 319 & 304/04.

It appears that the defendants names are recorded in araji nos. 317 & 318. The claim of the petitioner is that the disputed area is a part of araji nos. 319 & 304/04. While the case of the defendants is that it is not the part of araji nos. 319 & 304/04. Having regard to the entire facts and circumstances, the trial court has granted interim order restraining the defendants nos. 1 and 2 from raising any construction over the disputed premises. Against the said order, the defendants filed appeal, which has been allowed by the impugned order. In the impugned order, it is not disputed that the name of the petitioner is recorded in araji nos. 319 & 304/04. The appellate court has observed that there is no survey report on record to verify whether the disputed area is part of araji nos. 319 & 304/04. In view of the above, the appeal has been allowed and the order of the trial court dated 31.1.2011 has been set aside.

Learned counsel for the petitioner submitted that when there is no survey report to the contrary that the disputed area is not part of araji nos. 319 & 304/04, the defendants cannot be allowed to raise the construction over the property in dispute and, therefore, the impugned order is not legally justified.

The matter requires consideration.

Issue notice to the respondents. The petitioner may take steps to serve the respondents within 10 days.

List in the week commencing 16.5.2011.

Till the next date of listing, the parties are directed to maintain status-quo over the property in dispute.

Order Date :- 7.4.2011