- (1.) By means of instant writ petition, petitioners have sought for a writ in the nature of certiorari, quashing order dated 18.12.1997, passed by learned Civil Judge (Senior Division) Pratapgarh, in Regular Suit No.289 of 1995 and 32 of 1996, by which ad-interim injunction application under Order 39 Rules 1 & 2 of the Code of Civil Procedure moved by the plaintiffs has been rejected; and for quashing of order dated 24.09.2012, passed by the learned Additional District Judge, Court No.1, Pratapgarh, passed in misc. civil appeal no.111 of 1997, by which the appeal has been partly allowed and the defendants have been restrained from raising any constructions and cremating any dead body in the disputed premises.
(2.) Heard learned counsel for the parties and gone through the records.
(3.) Brief facts of the case are that the plaintiffs filed Regular Suit No.289 of 1995 for permanent injunction on the ground that Plot No.151/3 and 151/1 situated in Village Kachhi Patti, within town area Manikpur, District Pratapgarh is being used by Muslims, as graveyard. The said land has been recorded in the name of Nehal Ashraf and Nisar Ashraf as bhumidars of grove land, which is wrong and fictitious. It was also pleaded that defendant no.1 to 7 have purchased the said land from? its recorded tenure-holders. The suit was instituted on the ground that defendant no.1 to 9 are forcibly occupying the disputed land and are threatening to dig the groves and raise constructions. In the said suit, application for ad-interim injunction was also moved. In the meantime, regular suit no.32 of 1996 was filed by Anis Khan and others. Since the matter in dispute related to the same property in both the suits, hence, the learned Trial Court dealt with the matter of ad-interim injunction and decided the same vide common judgment and order, contained as Annexure No.2. The plaintiffs filed misc. civil appeal no.111 of 1997, which was partially allowed and cutting of trees, raising of constructions and cremation of dead bodies were restrained. On the remaining score the appeal was dismissed. In the meantime, it is to be mentioned here, that in one of the two suits, the valuation of Regular Suit No.32 of 1996 was beyond the pecuniary jurisdiction of the learned District Judge, hence First Appeal From Order No.220 of 1998 was filed in this court, in which several orders were passed and modified vide orders dated 20.07.1998, 24.05.2004, 25.02.2004, 27.07.2004, 01.04.2005, 28.09.2004 and 14.10.2004, which have been transcribed in the writ petition itself.;