- (1.) Heard Sri Prabhu Narain Srivastava, for the petitioners and Sri Ajay Kumar Singh, for the respondents.
(2.) This petition has been filed for setting aside the order of District Judge 20.04.2016, dismissing appeal of the petitioners, against order of Additional Civil Judge (J.D.) dated 12.02.2016, summoning Hemant C. Maheshwari (owner of plaintiff-1) for recording his statement under Order X Rule 2 C.P.C. and deferring hearing of application for interim injunction, filed in the suit.
(3.) Mirzapur Electric Supply Company Ltd. and others (the petitioners) filed a suit (registered as O.S. No. 334 of 2015) for permanent injunction, restraining the respondents, from interfering in their possession, digging earth, raising construction or selling disputed land, described as plots 560/1 (area 7 biswa), 561 (area 15 biswa, 15 dhur), 565/1 (area 1 bigha, 1 biswa, 15 dhur), 566 (area 8 biswa), 567/1 (area 6 biswa, 10 dhur), 568 (area 18.5 dhur), 575-m (area 2 biswa, .5 dhur), 576 (area 1 biswa), 577 (area 3 biswa), 578 (area 5 biswa, 7 dhur), 584 (area 5 biswa, 14 dhur), 585 (area 2 biswa, 11 dhur) 586 (area 12 biswa) (total 13 plots, area 3 bigha, 10 biswa 13 dhur) of village Bathuwa, tappa-84, pargana Kantit, district Mirzapur. The plaintiffs took plea that disputed land was purchased by Mirzapur Electric Supply Company Ltd. from Bengal Stone Company, through sale deed dated 05.08.1930. Ramji Lal Maheshwari, his wife Smt. Kamla Maheshwari and his son Hemant C. Maheshwari were share holders in Mirzapur Electric Supply Company Ltd. At present Ramji Lal Maheshwari, Smt. Kamla Maheshwari have died and entire property of the company was inherited by Hemant C. Maheshwari. Hemant C. Maheshwari executed a Power of Attorney in favour of Neeraj Agrawal (plaintiff-4) for looking after the disputed property as well as its litigations. Hemant C. Maheshwari also executed a sale deed dated 15.12.2014 of the disputed land in favour of Kausal Kumar, Vinay Kumar Agrawal and Neeraj Agrawal (plaintiffs-2 to 4) and they are in possession over disputed land. The defendants have no concern with disputed land. On 29.03.2015, the defendant along with JCB Machine and their labourers came on the spot and tried to take possession over disputed land but due to resistance they failed. They are illegally threatening to take possession over disputed land without any right. On these allegations, suit has been filed on 31.03.2015. Along with the plaint, an application for interim injunction has also been filed.;