Manoj Misra, J. - (1.) Heard Sri Rahul Sahai for the petitioner; and Sri P. N. Saxena, learned senior counsel, assisted by Sri Vivek Saran for the defendant-respondent.
(2.) By this petition under Article 227 of the Constitution of India the petitioner has challenged the orders dated 15.11.2016 and 09.05.2016 passed by the Additional District Judge Court No. 2, Mathura and Civil Judge Senior Division, Mathura in Misc. Civil Appeal No. 39 of 2016 and Original Suit No. 71 of 2016 respectively.
(3.) A perusal of record would go to show that Original Suit No. 71 of 2016 was instituted by the plaintiff-petitioner against the defendant-respondent for permanent prohibitory injunction by alleging that the plaintiff-petitioner was owner to the extent of 1/12 share of the property in suit and that the defendant, who was owner of 11/12 share, was seeking to raise construction on a large portion of the suit property without there being any partition by metes and bounds. The plaintiff-petitioner had also filed an application for interim injunction to restrain the defendant-respondent from raising construction over the suit land.;