SADARE ALAM Vs. RAM AWADH

JUDGEMENT

(1.) Heard Sri Anil Bhushan, learned Senior Advocate assisted by Sri P.N. Tiwari, learned counsel for the petitioners, and Sri Shiv Om Vikram Singh Chauhan, learned Senior Advocate assisted by Sri Vishnu Gupta, learned counsel for the respondents.

(2.) The petitioners are plaintiffs in Original Suit No.2314 of 2020 and have assailed the order dtd. 20/1/2021 passed by the District Judge, Azamgarh, allowing the appeal of respondents-defendants (first set) by which appellate court has set aside the order dtd. 22/12/2020 passed by the trial court granting the temporary injunction to the petitioners-plaintiffs.

(3.) The petitioners-plaintiffs instituted Original Suit No.2314 of 2020 restraining respondents-defendants (first set) (respondent nos.1 and 2 in the writ petition) not to interfere in the possession of the petitioners-plaintiffs, and further respondents-defendants (first set) be restrained from raising any construction over the suit property and not to excavate mud from the suit property i.e. Arazi no. 606 area 1.5440 hectare shown as 'ABCDEFGH' in the map at the foot of the plaint.