- (1.) Heard Sri Anshu Chaudhary, for the petitioner.
(2.) This petition has been filed for setting aside the orders of Civil Judge (Junior Division) dated 28.08.2015, rejecting application of the petitioner for verifying as to whether disputed construction exists in plot 240 of respondent-3 and order of Additional District Judge dated 18.02.2016 dismissing the revision of the petitioner against the aforesaid order.
(3.) Sri Kishun Singh (respondent-3) filed a suit (registered as O.S. No. 233 of 1990) for permanent injunction restraining Rajdev, from taking forcible possession and raising construction or digging foundation over land shown by letters 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 in the plant map. The plaint was amended and it was stated that during pendency of the suit, the defendant has illegally encroached upon land shown by letters A, B, Bo, A, D and raised boundary wall of six feet height and also raised plinth level constructions in it and relief for demolition of the constructions and possession was also added. It has been stated by the plaintiff that plot 240 (area 3.79 acre) of village Bhimpura, pargana Sikanderpur Garbi, district Ballia was his bhumidhari holding. He was allotted chak over this plot in previous consolidation. He had sold different portions of this plot to various persons and an area of 2.11 acre of plot 240 still remained with him. The defendant has illegally encroached upon part his land of plot 240 and raised constructions over it.;