RAMASHISH SINGH Vs. DURGESH NANDINI

JUDGEMENT

(1.) Heard learned counsel for the petitioner.

(2.) The present application under Article 227 of the Constitution of India has been filed "against the order dated 03.09.2019, passed by the Additional District Judge-XV, Rohtas at Sasaram in Misc. Appeal No. 22 of 2017 in connection with Title Suit No. 1084 of 2016 (Annexure-7), rejecting the prayer under Order 43 Rule 1 CPC for grant of temporary injunction restraining any construction over the suit land."

(3.) The short facts according to the petitioners are that out of 47 decimal of land vide C.S. Khata No. 43 (corresponding to R.S. Khata No. 489), C.S. Plot No. 151 (corresponding to R.S. Plot No. 361) situated in Mohalla New Dillian, P.S. Dehri, Thana No. 162 in the district of Rohtas which had belonged to one Satya Narain Singh, the petitioners purchased an area of 62/3 dhoors and 62/3 dhoors on 23.08.1999 through three registered sale deeds making a complete block and came into physical possession of the same in respect of which their names were also mutated. It is stated that after providing passages out of the aforesaid 47 decimal of land, no land remained in Plot No. 361 and as such, the area of 17 dhoors said to have been purchased on 17.03.2010 and 28.12.2015 as part of Plot No. 361 was forged and fabricated deed/document. A report of the pleader commissioner was submitted which found construction material at the spot and some construction over the disputed land. As such, the petition dated 08.03.2017 under Order 39 Rule 1 CPC for restraining the respondents through an order of temporary injunction was filed, which was however rejected by order dated 12.10.2017. Civil Appeal No. 22 of 2017 was filed by the petitioners against such injunction order dated 12.10.2017, which, after hearing the parties, stood dismissed in terms of the impugned order dated 03.09.2019.