- (1.) Heard Sri Syed Ali Imam, for the petitioner, Sri Gambhir Tripathi, for the contesting respondents.
(2.) This petition has been filed, for setting aside the order of Incharge District Judge, dated 04.03.2016, granting stay order in Civil Appeal No. 15 of 2016, Nagar Palika Parishad Pilakhuwa and anther versus Rasheed and others.
(3.) Rasheed, Abdul Hameed and Imamuddin (now represented by the petitioner and respondents-3 to 7) filed a suit (registered as Civil Suit No. 17 of 2003) for permanent injunction, restraining respondents-1 and 2 from transferring, forcefully and illegally ejecting the plaintiffs, from plot 1406/1 (area 2 bigha), situated at village Partapur road, lying within municipal limits of Nagar Palika Parishad, Pilakhuwa. It has been stated in plaint that the land in dispute belonged to khewat No. 1. Manga, the father of the plaintiffs, was cultivating southern portion of disputed land and growing Singhara and paddy in it. They obtained southern portion of disputed land through sale deed dated 29.10.1957 from Mrs. A.L. Kopinjer, through her Power of Attorney Holder R.M. Kasbi. On the basis of sale deed, their names were mutated by order of Tahsildar dated 08.03.1958. However name of Manga was wrongly recorded in column 3 of khatauni. They were in possession of the land in dispute. They got map sanctioned from Hapur-Pilakhuwa Development Authority and constructed shops. Sub-Divisional Officer malafide initiated a proceeding of Case No. 57 and on the basis of illegal report of Tahsildar dated 16.01.2003, deleted the name Manga by order dated 24.03.2003.;