High Court of Judicature at Allahabad
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Ram Nawal And Others v. Additional District Judge, Court No.4 Azamgarh And Others - WRIT - C No. 29362 of 2006  RD-AH 10210 (24 May 2006)
HON'BLE UMESHWAR PANDEY, J.
Heard the learned counsel for the petitioners.
Respondents-plaintiffs filed a suit relating to agricultural Plot No. 149 for the relief of permanent injunction stating that the petitioners-defendants are also recorded as co-sharers in the said property. The parties are from the same family. It is further claimed that the petitioners though jointly recorded over the plot, but the parties by private settlement have partitioned the property which has also been finalized by the revenue court and the disputed Plot No. 149 has fallen to the share of the plaintiffs. In this suit, a prayer for temporary injunction was made through an injunction application which was opposed by the petitioners-defendants.
The learned counsel contends that the petitioners are co-bhumidhars of the disputed plot and the suit property being an agricultural land, this injunction suit in the garb of a declaratory suit would not be cognizable by the Civil Court. It is further submitted that the appellate court has erred in treating the partition decree passed by the Assistant Collector as final when the appeal against the said decree is already pending.
Issue notice to respondent No.3 returnable within six weeks.
List thereafter on the date fixed in the notice.
Meanwhile, the parties shall maintain status quo as on today with regard to the respective possession of each other over the disputed Plot No. 149.
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