- (1.) This petition under Article 227 of the Constitution of India assails the validity of the appellate order dated 01.12.2015, passed by the learned Additional District and Sessions Judge (P.C. Act), Lucknow whereby the Misc. Civil Appeal preferred against the order of learned trial court dated 23.04.2015 has been allowed and the order of the learned trial court below has been set aside.
(2.) A suit by the petitioner-plaintiff was filed by the petitioner-plaintiff impleading the U.P. Avas Evam Vikas Parishad and its officers and also respondent No. 5-Smt. Neeru Garg as defendant seeking a relief of permanent injunction restraining the defendants from interfering in the peaceful use and enjoyment of the petitioner-plaintiff over the use of public road as described in the plaint. The application under Order 39 Rules 1 and 2 of the CPC was filed with the prayer to restrain the defendants by way of interim injunction from creating any obstruction in the peaceful ingress and egress of the petitioner-plaintiff and other inmates of the house over the suit property.
(3.) The said suit is being contested by the defendants by filing written statement. The application for interim injunction was also opposed. The learned trial court by its order dated 23.04.2015 granted interim injunction in favour of the plaintiff providing therein that parties shall maintain status-quo. It was further provided that the plaintiff shall not create destruction in the boundary wall as per the map submitted by the Amin towards southern side of her house.;