- (1.) Heard Sri Ramendra Asthana, for the petitioner and Sri Haushila Prasad Mishra, for the respondents.
(2.) This petition has been filed against the orders of Additional Civil Judge (J.D.) dated 10.08.2015, rejecting the application for interim injunction of the petitioner in O.S. No. 308 of 2008, (Arif Hashami Vs. Raja Ram Yadav and another) and District Judge dated 03.02.2016, dismissing the appeal from it.
(3.) The petitioner filed a suit (registered as O.S. No. 308 of 2008) for permanent injunction, restraining respondents-1 and 2, from interfering in his possession, demolishing his constructions and raising new constructions over land shown by letters Ka, Kha, Ga, Gha, in plaint map. The petitioner took plea that disputed land situated in village Araji Chhawani, tappa, town and pargana Haveli district Gorakhpur. His father was resident of mohalla Ghasi Katara, Gorakhpur. Long before abolition of zamindari, his father came here, occupied the disputed land and raised chhappar, in which used to sell, daily use things. 15-16 years ago, in place of chhappar, pacca constructions were raised, some portion of which is covered with roof and some portion of it is tin shed. His father died 10 years ago, then he started business of travel agency in the name of "M/S Travel Links" in it, which is only source of his income. In this business, he has also employed 4-5 workers. The defendants are running hotel at some distance from the disputed land. Although, they had no concern with the disputed property but they illegally wanted to raise construction over it and for that purpose, they have also collected building materials. Along with the plaint, they also filed an application for interim injunction, praying that respondents-1 and 2 be restrained, from interfering in his possession, demolishing his constructions and raising new constructions over his land shown by letters Ka, Kha, Ga, Gha, in plaint map.;