SAQUIBULLAH KHAN Vs. VISHWAMITRA PACHNANDA

JUDGEMENT

(1.) This appeal under Order XLIII Rule 1(r) of the Code of Civil Procedure, 1908 (for short, 'the Code') is directed against an order of Mr. Mohd. Firoz, Civil Judge (Sr. Div.), Aligarh dtd. 30/9/2022, partly allowing the plaintiffs' temporary injunction application and ordering parties to maintain status quo pending suit with regard to the suit property as detailed at the foot of the plaint.

(2.) The plaintiff-appellants (for short, 'the plaintiffs') have moved this appeal because they think that their partial success before the learned Civil Judge is not commensurate to their case. They pray that modifying the order passed by the learned Civil Judge directing parties to maintain status quo, an interim injunction be issued to restrain the defendants, acting by themselves or through their agents from interfering in the plaintiffs' peaceful possession in the suit property. The plaintiffs, therefore, in substance seek an injunction to be granted in clearer terms than the order made by the learned Civil Judge.

(3.) The facts giving rise to this appeal impel this Court to think that the plaintiffs' case prima facie stands not on very firm ground. The dispute involved in the suit is about the half part of a certain house, called Amar Bhawan, bearing No. 4/1486, situate at Medical Road, Dodhpur, Aligarh. The original owner of this property, long ago and before India was partitioned, was one Zahir Haider, who migrated to Pakistan in the year 1947. The property, therefore, vested in the custodian of evacuee and mutated as such in the records of the Aligarh Nagar Nigam, as the plaintiffs say, during the period 1/4/1955 to 31/3/1962. It was then assigned House No.1/36-AB. This Court would think, at that time, there would be no Nagar Nigam in the city of Aligarh, but a Municipality.