LAWS(ALL)-2018-9-198

NORISH JOHN WILLIAM Vs. NIRMAL FRAIZER

Decided On September 14, 2018
Norish John William Appellant
V/S
Nirmal Fraizer Respondents

JUDGEMENT

(1.) Heard Shri B.K. Srivastava, learned Senior Counsel assisted by Shri Dhiraj Srivastava, learned counsel for plaintiff-petitioner and Shri M.D. Mishra, learned counsel for the defendant-respondent.

(2.) The plaintiff-petitioner namely Norish John William son of Shri John William is before this Court under Art. 227 of the Constitution of India assailing the validity of the appellate order dated 21.4.2018 passed by the Addl. District Judge/Special Judge (S.C./S.T.), Jhansi passed in Misc. Civil Appeal No.14 of 2017 (Nirmal Fraizar John Vs. Norish John William) by which the interim injunction granted by the trial court dated 8.2017 in Suit No.264 of 2015 (Norish John William Vs. Nirmal Fraizar John) for maintaining status quo has been set aside.

(3.) This much is reflected from the record that the plaintiff along with Shri Anwar and Hari Ram purchased suit property being Arazi No.2479/2 area 0.22 acre situated at Mohall Daulati, Jhansi through sale deed dated 21.10.1980 from one Shri Hafiz Khan, the then Zamindar. It is claimed that the possession of the same was handed over and necessary entries were made in the revenue records (Khewat No.1380). Thereafter, he had raised boundary wall and other constructions without any objection by anyone.