MOHD. SHAD Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Shrawan Kumar Verma, learned counsel for the petitioner as well as Sri S.K. Khare, learned Standing Counsel for respondent no. 1 and Sri Rayees Ahmad Khan, learned counsel appearing for respondent no. 3.

(2.) The petitioner is aggrieved by the judgment and order dtd. 10/1/2024, passed by the Judicial Magistrate, Gram Nyayalay, Tulsipur, Balrampur wherein he has allowed the suit preferred by respondent no. 3 seeking permanent injunction against petitioner, who was respondent no. 2 in the said suit.

(3.) It has been submitted by learned counsel for the petitioner that petitioner is owner and in possession over Gata No. 1589/0.06 dismil in which he has constructed a house, while respondent no. 3 is owner of Gata No. 1590/2.23 acres, situated at Village - Gulahariya Hisampur, Pargana and Tehsil - Tulsipur, District - Balrampur. Both the plots are adjacent to each other and in the suit preferred by respondent no. 3 it was alleged that petitioner has encroached upon the land of respondent no. 3/plaintiff illegally and consequently relief of permanent injunction was sought. Respondent no. 2/petitioner herein appeared before the Gram Nyayalay and participated in the suit proceedings. After examining the contentions as well as evidence on record the suit was allowed by means of impugned judgment and order dtd. 10/1/2024.