RADHEY LAL GUPTA Vs. SHYAM SUNDER GUPTA

JUDGEMENT

(1.) The instant appeal has been filed by the plaintiff under Order 43 Rule 1(r) read with Sec. 104 CPC against the impugned order dtd. 29/8/2025 passed by the court of Additional District Judge(FTC), Mahoba, in O.S. no. 3 of 2025 Radhey Lal Gupta vs. Shyam Sunder Gupta alias Ganesh Prasad Gupta and others, whereby plaintiffs interim injunction application no.6-C2 as well as, application no. 31-C2 for stopping construction on the disputed property, have been rejected.

(2.) The factual matrix is that the plaintiff filed O.S.no.157 of 2024, which was renumbered as 3 of 2025, with the averments that the disputed property is known as 'Shanker Godam', which is situated in Mohalla Chajmanpura, Mahoba, which was purchased from the income of the HUF of ''Kashi Prasad Gaya Prasad'', hereinafter referred to as the 'firm', in the name of its partner Seth Gaya Prasad, through registered sale deed executed on 31/8/1943. It was further averred that at that time, the partners of the above firm were Deokinandan,Gaya Prasad, Ram Nath, Ramcharan and Bhavanideen. It was further averred that whatever property was purchased, it was from the income of the above firm. It was further averred that at that time the disputed property was lying in ruins, in Mohalla Kanoongoyan ,which is now known as Mohalla Chajmanpura. It was further averred that currently the disputed property is in the form of a ground in which an old temple of Lord Shanker, and a well is constructed.

(3.) It was further averred that since the sale deed of the disputed property was in the name of the father of defendant no.1, as such the defendant no.1 intends to sell the disputed property by misleading persons, whereas, the disputed property is the property of the above HUF. It was further averred that all the partners of the above firm have died and now their legal heirs are joint owners of the property, who intend to sell the property as per their individual wish.