- (1.) Heard Mr. Prabhat Kumar, learned counsel for the petitioner and Mr. Pankaj Gupta, learned counsel for opposite party no.2.
(2.) The petitioner has challenged the order dated 27.03.2010, passed by Additional District Judge, Sultanpur in Misc. Civil Appeal no. 78 of 2009, whereby the order dated 20.10.2009 passed by the Civil Judge (Junior Division), Sultanpur in Original Suit no. 244 of 2004 has been set aside.
(3.) Learned counsel for the petitioner submits that while passing the order impugned the learned appellate court has ignored the factum of the partition took place between the parties as well as the decree of the compromise passed by the Civil Judge (Junior Division), Sultanpur in Regular Suit No. 91 of 1993 executed on 15th September, 2001. It is stated that through the partition the shares of the respective parties were demarcated and they were in possession over their respective shares, accordingly he submits that opposite party no.2 is not in possession over the land in dispute, therefore there was no occasion to pass the order of injunction in the suit.;