ARVIND KUMAR Vs. CIVIL JUDGE

JUDGEMENT

(1.) Supplementary-affidavit filed today, is taken on record. Heard Sri Preet Pal Singh for the petitioners and Sri B.D. Pandey holding brief of Sri Neeraj Shukla for the respondents.

(2.) The writ petition has been filed against the orders of Civil Judge (Junior Division), Jaunpur dated 29.5.2013 rejecting the application of the petitioners for temporary injunction filed in O.S. No. 55 of 2012 and Additional District Judge, dated 30.11.2013 dismissing the appeal from the aforesaid order.

(3.) The petitioners filed a suit (registered as Original Suit No. 55 of 2012) for permanent injunction, restraining the defendants from interfering in their possession over the land shown by letters 'A, B, C, D, E, I, J, K in plaint map. It has been stated by the petitioners that the land in dispute was earlier recorded as plot No. 639/3 and after consolidation its new number has been allotted as plot No. 86 'ka' which is recorded as abadi land. The petitioners have their house, madaha, nad, khunta etc over part of it and planted five mango trees and two neem trees over part of the land recorded as plot No. 639/3, prior to consolidation operation in the village. The land in dispute was vested in the petitioners under section 9 of U.P. Act No. 1 of 1951. On the similar allegations, the petitioners also filed an application for interim injunction restraining the respondents from interfering with the possession of the petitioners over the land in dispute. The respondents contested the application for interim injunction and have' stated that the land in dispute was not the appurtenant land of the house of the petitioners and they have nothing to do with it. The trees have been planted by the defendants over the land in dispute.