MAYA DEVI Vs. KAILASH NARAYAN SAXENA

JUDGEMENT

(1.) By means of this writ petition the petitioner has made a prayer that his application under Order XXXIX, Rule 1 C.P.C. in Original Suit No. 1601 of 2011 filed against the defendants-respondents for permanent injunction be considered and decided.

(2.) According to the petitioner, the respondents are the owner of Plot No. 44 which is adjacent to the plot of the petitioner being Plot No. 44-B having an area of 525 Sq. Yard. The petitioner claims that respondent No. 1 has executed an agreement to sell in respect of respondents No. 2, 3 and 4 and by virtue of the aforesaid agreement the respondents are encroaching upon the land of the petitioner upon which a dwelling house of the petitioner is situated.

(3.) Learned Counsel for the petitioner apprehends that the respondents with their muscle power will encroach the land of the petitioner and urgently injunction needs to be passed against them.