NAJMA Vs. RIZWAN @ HASSAN

JUDGEMENT

(1.) BY this order, I propose to decide the petition filed by the petitioners under Article 227 of the Constitution of India against the order dated

(2.) ND July, 2013 whereby the application filed by the petitioners, who are the plaintiffs in the learned trial Court, under Order 1 Rule 10(2) CPC was dismissed.Few relevant facts are that in the month of April, 2010, the petitioners/plaintiffs filed a suit for permanent and mandatory injunction against six defendants. The case of the petitioners was that they are residing in the suit property for the last 20 years. The said property was handed over to them by one Mr.Sajid solely for dwelling purposes. The petitioners claimed that they have their rights by virtue of various documents, i.e. Election I Card, Ration Card, Income Certificate, Birth Certificate and School Certificate. The case of the petitioners was that the defendants are land mafia and they are trying to vacate the petitioners forcibly, therefore, the right of the petitioners be protected.

(3.) THE case of the petitioners is that despite of status quo order, the defendants demolished the constructed portion of the suit property and tried to evict them. Thus, the petitioners' application for contempt against the defendants is also pending.