PREM NATH Vs. STATE OF U.P.

JUDGEMENT

(1.) This petition has been filed for a direction upon the respondent nos.3 and 4 not to construct any road by themselves or by their agents over disputed plot no.73 area 0.443 hectare situated in village Abakpur Muhana, Pargana Haveli, Tehsil Chunar, District Mirzapur in Original Suit No.7150 of 2015 (Computer Suit No.T20151653047150) under section 59/60 of the U.P. Tenancy Act, 1939.

(2.) Perusal of the record would go to show that in respect of plot in question the plaintiff-petitioners earlier instituted Original Suit No.167 of 2010 wherein initially an order of injunction was passed in their favour but the same was reversed in appeal. The plaintiff-petitioners challenged the order passed in appeal in Petition under Article 227 of the Constitution of India No.6898 of 2019 which was finally disposed of with consent of the parties vide following order passed on 27.9.2019:-

(3.) Petitioners assert that they have moved an application for withdrawal of suit filed before the civil court whereafter an application for injunction has also been filed in the pending revenue suit in terms of the liberty granted by this Court.