KAILASH NATH SINGH Vs. DISTRICT JUDGE MIRZAPUR

JUDGEMENT

(1.) The petitioner is aggrieved by an order of the District Judge, Mirzapur dated 21-5-1992, allowing the appeal against the order of the Civil Judge, in the matter of injunction.

(2.) Petitioner, Kailash Nath Singh filed a suit as suit No. 147 of 1991 (Kailash Nath Singh v. Setu Bandh Rameshwar Pratap Singh) for permanent injunction restraining respondents Nos. 2 and 3 from raising construction and changing the nature of the land in dispute, shown as Ka, Kha, Ga, on the ground that plaintiff is co-tenant and the parties are in joint possession over the disputed land. According to the petitioner the land is ancestral property and parties are descendants from common ancestor, Raj Kumar Singh. Plaintiff is coparcener of the joint Hindu Family and disputed land is ancestral property and no partition has taken place. Along with the suit, an application for temporary injunction for restraining the defendant from changing the nature of the disputed land and from raising construction over the land in dispute was filed. On receipt of the notice, defendant filed written statement and objection for the grant of injunction before the trial court. Trial court passed an order of temporary injunction, restraining the defendant from raising construction over the land in dispute.

(3.) Aggrieved by the order of the learned Civil Judge dated 21-8-1991 defendants filed miscellaneous appeal No. 22 of 1991 before the District Judge, Mirzapur who by his order dated 21-5-1992 allowed the appeal.