Mohammad Babar vs Ateeq Ahmad & 2 Others
2014 Latest Caselaw 5172 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 26
 

 
Case :- WRIT - C No. - 45271 of 2014
 

 
Petitioner :- Mohammad Babar
 
Respondent :- Ateeq Ahmad & 2 Others
 
Counsel for Petitioner :- Mohammad Hisham Qadeer,M.A. Qadeer
 

 
Hon'ble Abhinava Upadhya,J.

By means of this writ petition  the petitioner has challenged  the orders of the trial court as well as appellate court by which  his  interim injunction application has been rejected. The petitioner had filed a suit for permanent injunction being Suit No. 1070 of 2012 along with an application for interim injunction. At the time of consideration of interim injunction application an Amin report was called and the Amin has reported  that on the property in question, the petitioner was found to be in possession. Ignoring the aforesaid report  the injunction application was refused only  on account of the fact  that in the revenue record the names of the defendants were mutated. 

According to the learned counsel for the petitioner, merely name being mutated in the revenue record would not establish right and title  over the property in question. It was found that the petitioner was in possession and this aspect has been ignored by both the courts below.

The matter requires consideration.

Issue notice to the respondents returnable at an early date for which learned counsel for the petitioner will take steps within a week.

List this case after service of notice.

Till the next date of listing, the  parties are directed to maintain status quo with regard to the suit property.

Order Date :- 27.8.2014

SKM