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Nasiruzzaman v. V1`Th A.D.J. Allahabad & Others - WRIT - C No. 21458 of 2006 [2006] RD-AH 8433 (26 April 2006)


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Hon'ble Umeshwar Pandey, J.

Heard Sri Nasiruzzaman, learned counsel for the petitioner.

The suit relates to Plot No. 198/2, area 0.171 hectare. The respondents plaintiffs have sought relief for temporary injunction in respect of said land but on the contrary the petitioner defendant claims his possession over the same by way of having his factory in this land with a boundary wall around it. The trial court on the interim application of the respondents plaintiffs had directed the parties to maintain status quo over the disputed land but the appellate court has granted an outright injunction directing the petitioner defendant not to interfere in plaintiffs' possession over the disputed plot.

Learned counsel contends that since the petitioner has his possession over the property in question since 1946, such order of the appellate court has actually invited the respondents' interference over the land in question and now they are proposing to demolish the petitioner's boundary wall etc.

Issue notice to the respondent Nos. 3 to 9 returnable within six weeks.

List thereafter.

Meanwhile the respondent Nos. 3 to 9 shall however refrain from demolishing the boundary wall and other construction, if any, over the disputed land.




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