LAWS(ALL)-1998-9-172

URMILA DEVI Vs. POORAN CHAND DABAR

Decided On September 23, 1998
URMILA DEVI Appellant
V/S
POORAN CHAND DABAR Respondents

JUDGEMENT

(1.) This is an appeal against order dated 18th August, 1998 passed by Civil Judge, Agra by which an order of injunction issued earlier has been vacated.

(2.) The brief facts of the case are that one Smt. Kanak Lata and plaintiff/appellant Smt. Urmila Devi jointly purchased a piece of bhumidhari land consisting of plot No. 425/area one bigha and 426 Minjumla/seven biswa situate in Mauza Gehrana Mustqll pargana and tehsil Agra in the year 1965 having equal share. Out of the said area of one bigha seven biswa, seven biswa of plot No. 426 and five biswa of plot No. 425 was acquired by Rig. Division of Irrigation Department for which compensation was paid to the appellant and Smt. Kanak Lata leaving 15 biswa of plot No. 425/1 with Smt. Urmila Devi and Smt. Kanak Lata. Smt. Kanak Lata by a sale deed dated 2.4.1986 sold 7.5 biswa of said land to defendant/respondents Pooran Chand and Abhay Gupta, which is equivalent to her share in whole of the plot. When Pooran Chand and Abhay Gupta started construction on one half of western portion of the land, Smt. Urmila Devi filed a suit for permanent injunction in which a temporary injunction was granted in her favour on 28th April, 1998 by Court below. Being aggrieved against the order of injunction, an appeal was filed before this Court and on 27th May, 1998 this Court ordered the parties to maintain status quo. However, the defendant got the appeal before this Court dismissed as not pressed on 29th May, 1998.

(3.) On 1st of July, 1998, the defendants filed an application before Court below for recall of injunction order dated 28.4.1998 and by the Impugned order dated 18th August, 1998. the Court vacated order of injunction in exercise of power under Order XXXIX. Rule 4, C.P.C. Hence this appeal filed by the plaintiff.