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Harbans Tewari v. Murari And Others - WRIT - C No. 11886 of 2007 [2007] RD-AH 3679 (2 March 2007)


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Hon. Pankaj Mithal,J

The respondents have filed original suit No. 35 of 2006 for permanent injunction in respect of plot No. 142. The interim injunction application was dismissed by the trial court but in appeal it has been allowed by  the District Judge, Chandauli by the impugned judgment and order dated 9.2.2007 (Annexure 7 to the petition).

It is admitted to the parties that plot No. 142 belongs to the respondents whereas plot No. 141 is that of the petitioner. The petitioner also admits that the respondents are in actual possession of plot No. 142. The dispute is only with regard to location of the said plot. However, from the judgment and order of the appellate court which has been impugned in this writ petition, I find that the trial court on the basis of paper No. 26 'Ga' which is a map prepared during the consolidation proceedings had recorded a clear finding that plot No. 142 is situated  on the south of the main road and this is the land which is in possession of the respondents.

In view of the above clear findings which has been recorded on the basis of the document on record, I do not consider it necessary to interfere in the matter. The writ petition is accordingly dismissed. However, the trial court may proceed expeditiously with the disposal of the original suit on merits.




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