- (1.) We have heard Sri A.P. Tewari, the learned counsel for the petitioner and Sri Suresh Singh, the learned Additional Chief Standing Counsel for the State respondents.
(2.) The facts culled out from the pleadings is that the petitioner and respondent no.10 are brothers. The petitioner alleges that he had purchased plot no.385 by means of a registered sale deed in the year 1986. There is a dispute between the petitioner and respondent no. 10 with regard to the land in question. Respondent no.10 has filed original suit no.270 of 2012. The petitioner has also filed original suit no.991 of 2012 praying that the defendant, namely, respondent no.10 should be restrained for opening a way from the land in question for his ingress and egress. Both the suits are consolidated and are pending before the Civil Judge (Senior Division), Gorakhpur. No injunction has been granted in favour of either of the parties.
(3.) During pendency of the aforesaid case, respondent no.10 filed an application before the Sub-Divisional Magistrate making an allegation that his ingress and egress to his shops has been obstructed by the petitioner by the piles of logs/wood being placed by the respondent no. 10.;