- (1.) This petition under Article 227 of the Constitution is directed against an order dated 31.01.2020 passed by learned Additional Sessions Judge, Court No. 5, Hathras passed in Civil Revision No. 10 of 2016, allowing the said revision and setting aside an order of the Civil Judge (Senior Division), Hathras made in Original Suit No. 715 of 2013, rejecting the temporary injunction application made by the plaintiff. The learned Additional Sessions Judge has, by the impugned order, directed parties to maintain status quo regarding the property in dispute, pending suit.
(2.) Heard Mr. Rakesh Kumar Mishra, learned counsel for the petitioners.
(3.) O.S. No. 715 of 2013 was filed by the plaintiff-respondent nos. 1 and 2 against the defendant-petitioner nos. 1 to 4, arrayed as the defendants first set, and petitioner no. 5 along with four other defendants, arrayed as the defendants second set, seeking a mandatory injunction to the effect that defendant nos. 1 to 4 be ordered to remove their constructions standing over the suit property, denoted by letters 'A' 'B' 'C' 'D' in the plaint map and shown in red colour, and further that they should, after removal of the illegal constructions, remove debris of the demolished building, vacating the suit property within time, to be specified by the court; and upon failure to comply with the decree, the decree be ordered to be carried into execution through process of Court at the defendants' expense.;