ANSHU AND ANOTHER Vs. CHANDRA KUMAR AND OTHERS

JUDGEMENT

(1.) Shri B.N.Agrawal, learned counsel appearing on behalf of respondents holding brief of Shri Sanjay Agrawal, Advocate states that he does not propose to file any counter affidavit and the writ petition may be heard and decided finally.

(2.) The present writ petition has been filed by the plaintiffs of suit No. 105 of 2009 (Smt.Anshu and Another Vs. Chandra Kumar & others). The said suit has been filed for permanent injunction restraining the defendant-respondents not to interfere in peaceful possession of the petitioners in raising constructions over the land in suit shown by letters Ka, Kha, Ga, Gha in the plaint map.

(3.) The petitioners claimed that they have purchased Plot No.991 K and 1065 by means of sale deed dated 21.8.2007. Their names have been mutated in the revenue records and they are in peaceful occupation of the said plots. The cause of action for filing the suit arose when they started construction over Plot No. 991 Ka. The defendants-respondents herein tried to interfere in their possession and set up a sale deed dated 3.5.2007. The two Courts below by the impugned orders rejected the application for grant of temporary injunction on the finding that the property in dispute is not identifiable on the spot as in the sale deed of the plaintiffs, the dimension of the Plot No. 991 Ka have not been mentioned.