Shri Kali Charan Arya vs Shri Ajay Kumar Agarwal And ...
2011 Latest Caselaw 127 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 4
 

 
Case :- WRIT - C No. - 13817 of 2011
 

 
Petitioner :- Shri Kali Charan Arya
 
Respondent :- Shri Ajay Kumar Agarwal And Another
 
Petitioner Counsel :- Rishi Chaddha
 

 
Hon'ble Rajes Kumar,J.

The contention of the petitioner is that he had purchased piece of land on 5.2.2001. The defendant had also purchased adjacent land in the year 2004. When the petitioner started the construction over his land, the defendant raised objection. Now the defendant started construction over the land of the petitioner. The petitioner has filed a suit for injunction along with an application for interim relief, which has been rejected by the trial court against which the petitioner filed appeal, which has also been dismissed.

It appears that the spot inspection has not been made by the competent authority. Unless the spot inspection is made the dispute involved cannot be settled.

The matter requires consideration.

Issue notice to respondent nos. 1 & 2, returnable at an early date.

List in week commencing 4.4.2011. Till then, the parties are directed to maintain status-quo over the land in dispute. The petitioner may file a certified copy of this order before the trial court. Meanwhile, the trial court may get the spot inspection.

Order Date :- 8.3.2011

OP