Ram Janam And Others vs Ramanand And Others
2011 Latest Caselaw 1645 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 4
 

 
Case :- WRIT - C No. - 27588 of 2011
 

 
Petitioner :- Ram Janam And Others
 
Respondent :- Ramanand And Others
 
Petitioner Counsel :- M.N. Shukla,A.K. Malviya
 

 
Hon'ble Rajes Kumar,J.

The petitioners filed a suit no. 502 of 2005 for permanent injunction restraining the defendants to raise the construction over the property in dispute along with an application for interim relief. The dispute relates to a portion of land situated between gata nos. 2389 and 2388. There is no dispute that gata no. 2389 belongs to the petitioners and gata no. 2388 belongs to the defendants. The dispute is only of a portion of land which the petitioners claim that it belongs to them over which the defendants were raising the construction. The trial court has granted ex-parte interim injunction and issued notices to the defendants and also sought the commission report. Thereafter, after hearing both the parties on 21.9.2008 the parties were directed to maintain status-quo against which the defendants filed an appeal. The appeal has been allowed vide order dated  25.4.2011 and the order of the trial court dated 21.9.2008 has been set aside.

Learned counsel for the petitioners submitted that the appellate authority has accepted that it is disputed whether the land in dispute falls within Araji no. 2389 or 2388 still allowed the appeal of the defendants.

Issue notice to the respondents returnable at an early date. The petitioners may take steps to serve the respondents within a week by registered post.

List in the week commencing 11.7.2011.

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

Order Date :- 12.5.2011

OP