LAWS(ALL)-2021-3-9

AKHTAR HUSAIN Vs. ZULFIQAR HUSAIN

Decided On March 05, 2021
AKHTAR HUSAIN Appellant
V/S
Zulfiqar Husain Respondents

JUDGEMENT

(1.) Heard learned counsel for the petitioner and Sri Ali Qambar Zaidi, learned counsel for respondent No.1.

(2.) The petitioner has preferred the present petition inter-alia with the prayer to set aside order dated 09.09.2020 passed by the Additional District Judge, Court No.11, Muzaffarnagar in Civil Misc. Appeal No.08 of 2020 (Akhtar Husain Vs. Zulfiqar Husain and others) as well as order dated 12.08.2020 passed by Civil Judge (Junior Division) Muzaffar Nagar in Case No.556 of 2019 (Zulfiqar and others Vs. Akhtar Husain).

(3.) Facts in brief as contained in this petition are that Original Suit No.556 of 2019 was filed by the plaintiff-respondents against the present petitioner for permanent injunction with a prayer to restrain the defendant-petitioner from construction over the common land and a further prayer has also been made to restrain the defendants of the suit to open the door and windows to the side of Masjid and Imambada. An application for grant of interim injunction was also filed by the plaintiff-respondents being Application No.6C. On the date, the Suit was preferred, the interim injunction was granted in favour of the plaintiff-respondents by the trial Court vide its order dated 01.10.2019.