SATENVENDRA SINGH & OTHERS Vs. MOHAN SINGH

JUDGEMENT

(1.) By means of present writ petition, the petitioners seek quashing of order dated 02.12.2015, passed by learned Civil Judge (J.D.), Kashipur, Udham Singh Nagar, in O.S. no. 242 of 2015, Mohan Singh vs Rajendra Singh.

(2.) Plaintiff-Respondent filed a suit for permanent prohibitory injunction alongwith application under Order 39 Rule 1 and 2 CPC before learned Civil Judge (J.D.), Kashipur. The plaintiff-respondent filed extract of khatauni and khasra (paper nos. 9C and 10C), alongwith list (paper no. 8C). Plaintiffrespondent also filed a site plan, which is not disputed by the petitioners. There is also no dispute that the plaintiff-respondent is owner-in-possession of the khasra no. 255 / 1, measuring 1.0000 Hectare, as per revenue record. The defendants-petitioners were directed to be issued notices and in the meantime, an interim order was passed that they will not interfere in the possession of the plaintiff-respondent on disputed property. Aggrieved against the same, present writ petition has been filed by the defendants-petitioners.

(3.) The apprehension of the petitioners is that under the garb of the impugned order dated 02.12.2015, the plaintiff-respondent will interfere in the property of the petitioners. The petitioners are the owners-inpossession of khasra nos. 268 and 269, which is situated in the east of the disputed property.