SAJID MIYAN Vs. STATE

JUDGEMENT

(1.) Heard learned Counsel for parties and perused the record. By means of the present appeal, the appellant is challenging the impugned judgment and decree dated 1.4.2014 passed by Additional District Judge, Court No. 2, Rampur in Sajid Miyan and others v. State of U.P. and others, Civil Appeal No. 85 of 2011 as well as judgment and decree dated 9.12.2011 passed by Additional Civil Judge (Jr. Div.) Court No. 1, Rampur in Sajid Miyan and others v. State of U.P. and others, Original Suit No. 583 of 2010.

(2.) Facts as pleaded by the plaintiffs in their plaint are that plaintiff Nos. 1 and 2, Sajid Miyan and Majid Miyan are the recorded Bhoomidhar of Gata No. 452 situated at village Kakrauwa, Tehsil - Sadar, District Rampur whereas Gata Nos. 450 and 451 belong to plaintiff Nos. 4 and 5 i.e., Whid Miyan and Wajid Miyan respectively. Further, in the plaint it has also been pleaded that respondent No. 6/Sahid Ali Khan who is Pradhan of Village Kakrauwa, due to political enmity with the plaintiffs had started making a Rasta on this land and for that purpose he started foundation, as a result of which the crops and trees of the appellants on the plot in dispute were effected.

(3.) Accordingly, the Sajid Miyan and others v. State of U.P. and others, Original Suit No. 583 of 2010 has been filed before the Trial Court for permanent injunction.