RAMJANKI MANDIR Vs. SHARDA PRASAD TIWARI

JUDGEMENT

(1.) This petition has been filed under Article 227 of the Constitution of India being aggrieved by the order dated 22.03.2021 passed by the lower appellate Court (2nd Additional District Judge, Amarpatan) in MCA No. 13/2020 whereby the appeal preferred by the respondent under Order 43 Rule 1 of the Code of Civil Procedure has been allowed and the order dated 06.08.2020 passed by the trial Court has been set aside. Vide order dated 06.08.2020, the trial Court allowed the application under Order 39 Rules 1 and 2 read with Section 151 of the Code of Civil Procedure and had granted stay in favour of the plaintiff restraining the respondent/defendant from raising any construction over the disputed land.

(2.) The petitioner claims that the disputed land situated at village-Itma, patwari halka number 1018 admeasuring 0.077 hectare and part area 0.017 hectare belong to it i.e. Ramjanki Mandir since 1963. The land has been recorded in the name of the plaintiff in the revenue record but without any kind of legal authority, the 'respondent is trying to raise construction over the suit land. Therefore the petitioner/plaintiff filed an application under Order 39 Rules 1 and 2 of the CPC.

(3.) The respondent/defendant filed reply to the aforesaid application stating that the disputed land is in possession of the defendant and he is running a aata chakki (flour mill) for last 40 years. It is further contended that the temple was never situated at the disputed land. It was contended that in pursuance of the order of Naib-Tahsildar, Patwari conducted spot inspection in front of villagers and found the aforesaid facts established.