- (1.) Heard Sri Anil Kumar Mishra, for the petitioners and Sri O.P. Singh, Senior Advocate, assisted by Sri R.P. Yadav, for the contesting respondent.
(2.) This petition has been filed for setting aside the orders of Civil Judge (Senior Division), dated 15.07.2013, granting interim injunction to the plaintiff and Additional District Judge, dated 08.03.2016, dismissing the appeal of the petitioners against aforesaid order.
(3.) Mohd. Idarish (now represented by respondents-1 to 4) filed a suit on 31.03.2011 (registered as O.S. No. 86 of 2011) for permanent injunction, restraining the defendants from interfering in his possession over land shown by letters B C D E F G H I, in the plaint map. It has been stated in plaint that the plaintiff was owner plot 3045 (area 9 biswa) of village Billi Markundi, pargana Agori, district Sonebhadra, which was shown by letters B C D E F G H I, in the plaint map. The defendants have no concern with the disputed land. The plaintiff has raised construction of boundary wall up to 3 1/2 feet height and also kept some bricks and bolder on disputed land. Disputed land lies within municipal limits of Obera town and is a valuable land. The defendants, who are very powerful men and defendant-1 was posted as Sub-Inspector in U.P. Police intend to grab the disputed land. The defendants came over disputed land two days before and began to demolish his constructions on it. When the plaintiff forbade them they started quarrel on which various neighbors had gathered there then they went back. The plaintiff gave information of this incident to local police, who refused to take any action saying that it was a civil dispute. On these allegations, suit was filed. The plaintiff also filed an application (6-C), for interim injunction restraining the defendants from interfering with his possession over disputed land during pendency of the suit.;