MAHESH CHANDRA TRIPATHI,J. - (1.) Petitioner has approached this Court under Article 227 of the Constitution of India assailing the validity of order dated 5.9.2017 passed by Additional Sessions Judge, Court No. 6, Muzaffar Nagar in Civil Misc. Appeal No. 60/2015 (Fahim Khan v. Smt. Shahnaj and another) arising out of order dated 16.11.2015 passed by the Trial Court in Original Suit No. 148/2013, whereby the Trial Court had accorded temporary injunction in favour of plaintiff petitioner.
(2.) Brief matrix of the case are as follows:- The plaintiff petitioner has instituted an Original Suit No. 148/2013 for permanent and prohibitory injunction and lateron relief for declaration has also been made therein through an amendment application. As per the version given in detail in the plaint, this much is reflected that husband of petitioner late Shri Ahmad Khan was also married to one Naseem Bano and late Ahmad Khan from his both the marriages was blessed by two sons, one from plaintiff-petitioner and another from Naseem Bano. The defendant-respondent No. 1 is son of Naseem Bano whereas son of petitioner namely Jisan had expired.
(3.) Dispute is related to the agricultural land, which was left by Ahmad Khan. The same was equally divided in favour of both the sons but it has been claimed that the first respondent, who is son of Naseem Bano became dishonest and tried to interfere in peaceful possession of agricultural land of his late brother Jisan and after his demise the petitioner herself claimed to be owner of the property in dispute.;