RAHIMUDDIN KHAN Vs. SIRAJ UDDIN KHAN

JUDGEMENT

(1.) APPELLANTS being the petitioners in both the misc. cases has prayed for an interim injunction restraining the opposite party/respondent from changing the nature and character of the suit property till disposal of the appeal (in Misc. Case No.192 of 2014) and for a direction to the opposite party/respondent to remove the fence over the Plot Nos.114 and 121 and to maintain status quo over the suit property (in Misc. Case No.193 of 2014)

(2.) EARLIER , on the prayer of the petitioners/appellants, order was passed on 10.02.2014 in Misc. Case No.623 of 2013 directing the parties not to alienate the suit property till disposal of the appeal with specific direction with regard to suit plot No.115 that the parties shall maintain status quo and shall not make any construction or raise any fence over that plot and in case there is any fence over that plot the same be removed.

(3.) IN his counter in both the misc. cases, the opposite party/respondent has asserted that there is no blockage of Plot No.115, that Plot No.115 is not the only passage for the ingress and outgress in respect of petitioners/appellants' dwelling house, that though the petitioners/appellants are not required to get approach to the road through Plot No.115, but even if they want to come over to Plot No.115 for any purpose they can come through Plot No.113. As regards the cutting of trees the opposite party/respondent has denied the application.