MEERA AWASTHI Vs. AJEET AWASTHI

JUDGEMENT

(1.) Heard Sri Anand Kumar Srivastava, learned counsel for the petitioners and perused the record.

(2.) Present petition has been filed challenging the order dtd. 31/10/2023 passed by the Additional District Judge, Court No. 8, Kanpur Nagar allowing the Misc. Civil Appeal No. 81 of 2023 (Ajeet Awasthi v. Meera Awasti and others).

(3.) The facts of the case in brief are that the plaintiff/respondent no. 1 Ajeet instituted Original Suit No. 816 of 2020 (Ajeet Awasthi v. Meera Awasthi and others) in the court of Civil Judge (Senior Division), Kanpur Nagar for the relief of permanent injunction restraining the defendants, their servants, agents, employees, representatives, family members from interfering in the peaceful possession and enjoyment of the plaintiff over the house in dispute (House No. N 638, S Block, Yashoda Nagar, Kanpur Nagar). The case set up by the plaintiff/respondent no. 1 in the plaint in brief is that the plaintiff purchased the land out of his own income in the name of his mother namely Meera Awasthi and thereafter constructed a house from his own funds being House No. N 638, S Block, Yashoda Nagar, Kanpur Nagar and is living along with all his family members in the aforesaid house. It is further pleaded that subsequently, the defendant nos. 1 and 2 (parents of the plaintiff/respondent no. 1) under the influence of their other children started asking the plaintiff to vacate the accommodation and has also given threat to the plaintiff in case the plaintiff/respondent do not vacate the house in question, he will be thrown out from the premises in question and therefore, the present suit is instituted. The plaintiff/respondent no. 1 also filed an application under Order 39 Rule 1 and 2 C.P.C. for grant of temporary injunction. The trial court i.e. Judge Small Causes, Kanpur Nagar by an ex-parte order dtd. 27/10/2020 restrained the defendants from interfering with the possession of plaintiff over house in dispute and further directed them to maintain status quo. On an application filed by the plaintiff/respondent, paper no. 30Ga, the trial court appointed commissioner vide order dtd. 7/5/2022. Commissioner has submitted its report on 1/9/2022.