SUDHIR SINGH Vs. SURESH SINGH

JUDGEMENT

(1.) The defendant/petitioners claim to be grand sons of one Chandra Kali whereas the respondent/plaintiffs claim to be purchasers of the suit property by virtue of sale deed from Chandra Kali.

(2.) Earlier a Case No. 19 of 1997 (Shiv Nazar Singh vs. Chandra Kali and others under Section 145/146 Cr.P.C. was instituted and the Sub Divisional Magistrate, Khaga, Fatehpur passed an order on 26.4.1999 under Section 146 Cr.P.C. attaching the property in dispute pending decision under Section 145 Cr.P.C. and handed over the property to the Supurdgar/receiver, petitioner no. 1 and the case is still pending. The respondents are not party to the proceedings under Section 145/146 Cr.P.C.

(3.) The respondents filed suit no. 85 of 2003 (Suresh Singh and another vs. Shiv Sevak Singh and others) permanent prohibitory injunction and also prayed for temporary injunction. An ex parte injunction was granted by the Civil Judge (Junior Division), Khaga, Fatehpur on 24.5.2003, petitioners filed objections and the trial Court rejected the objection and affirmed the temporary injunction by order dated 8.3.2011. The petitioners filed Misc. Civil Appeal No. 7 of 2011 (Sudhir Singh and others vs. Suresh Singh and others) which was dismissed by the Appellate Court. The orders dated 4.7.2014 and 8.3.2011 passed by the Courts below are under challenge in the writ petition.