RAMURAM Vs. LUNARAM

JUDGEMENT

(1.) The instant writ petition has been preferred under Article 227 of the Constitution of India with the following prayers:-

(2.) Brief facts of the case are that petitioner No.1's residential land is situated in Khasra No.1597/28, Village Osiya and petitioner No. 2's residential land is situated in Khasra No.1588/63, while respondent No. 4's occupied land is situated in Khasra No.1588/66, wherein a colony has been carved out. The land of petitioner No.2, measuring 2 bigha, is entered in the records by the name of Mr. Khushlaram as per the measurement done on 21/11/2019. Khushlaram had sold 10 biswa land to his wife, Kamla and 1 bigha 10 biswa land to the petitioner No. 2 by way of a registered sale deed, wherein the colony has been carved out into 41 plots thus, the petitioners and respondent No. 4 are having peaceful possession on the said colony.

(3.) Respondent Nos.1 to 3, raised a boundary wall of stones as well as of fencing on the eastern side of the said land on 17/2/2023. Appalled by the said act of the respondent No.1 to 3, the petitioners filed a complaint under Sec. 156(3) of the Code of Criminal Procedure, 1973. The petitioners being aggrieved by by such act of the respondent nos. 1 to 3 filed a suit (Annexure-1) for permanent and mandatory injunction before the learned Trial Court. Along with which, an application seeking temporary injunction (Annexure-2) was also filed with a request to restrain the respondent nos. 1 to 3 from interfering and maintain the status quo of the said land till the pendency of the suit.