- (1.) Heard Sri P.N. Tripathi, for the petitioners and Sri Ram Jeet Mishra, for the respondents.
(2.) This petition has been filed against the order of Additional District Judge dated 05.01.2016, allowing the appeal, setting aside order of Trial Court dated 11.10.2012 and rejecting the application for interim injunction of the petitioners in O.S. No. 102 of 2012 Amrawati Devi and others Vs. Vidyawati Devi and others.
(3.) The petitioners filed a suit (registered as O.S. No. 102 of 2012) for permanent injunction, restraining respondents-1 to 4, from interfering in their use of 12 feet wide rasta, shown by letters A, B, C, D and raising any construction over land shown by letters B, E, N, M, B, in plaint map without there being any partition of disputed land. The petitioners took plea that Smt. Amrawati Devi and Smt. Indrawati Devi purchased 2/3 share in plot 359/1 (area 9 decimal) and 359/1 (area 17 decimal) (total area 17-1/3 decimal) through sale deed dated 24.08.1982, from its previous owner Raja Ram, Girija Shankar and Vijay Shankar. Raja Ram and others, in sale deed dated 24.08.1982, left 12 feet wide land for rasta, in western side of plot 359/1, for use of transferees. Tribhuwan Narain Singh purchased an area of 10 decimal of plot 367 (area 60 decimal) through sale deed dated 30.01.1982 and thereafter an area of 3-1/4 decimal of plot 367 through sale deed dated 22.05.1982, which situates in north of plot 359/1. In southern side of this land (plot 367), he had affixed an iron gate in bis boundary wall towards disputed rasta. Smt. Amrawati Devi also purchased plot 361 through sale deed dated 15.12.1980 and surrounded it through boundary wall, which situates in west of disputed rasta, in which also there is a gate towards disputed rasta. The plaintiffs were using disputed rasta from more than 12 years without any obstruction, from defendants-1 to 4 as such they have perfected their right of easement over the disputed rasta. There is no partition between co-sharers of plot 359/1, but defendants-1 to 4 are threatening to raise constitution in it. They did not obtain necessary permission for raising constitution from competent authority. Junior Engineer of Master Plan, Jaunpur through his report dated 05.02.2010 also restrained defendants-1 to 4 from raising any construction over disputed ratsa. Smt. Vidyawati filed O.S. No. 1080 of 2006, on false allegations without impleading the petitioners as party in that suit, in which, in collusion of Smt. Vidyawati, Amin in his report (14-Ga and 15-Ga) has not shown gate of the petitioners towards rasta. Defendants-1 to 4 illegally raised cement sheet construction in disputed ratsa and are not ready to remove it. Along with plaint, the petitioners also filed an application for interim injunction on 01.02.2012.;