Manoj Kumar Gupta, J. - (1.) The instant petition under Article 227 of the Constitution has been filed challenging order dated 20.12.2016 passed by Additional Civil Judge (Senior Division), Court No.12, Allahabad in Original Suit No.731 of 2014 dismissing the application for temporary injunction filed by the petitioners and the order dated 25.1.2018 passed by Additional District Judge, Court No.1, Allahabad in Misc. Civil Appeal No.107 of 2016 dismissing the appeal.
(2.) The petitioners instituted Original Suit No.731 of 2014 claiming themselves to be owners and in possession of House No.1-A/141 Ram Priya Road, Allahabad, built over part of Arazi No.28. The petitioners claimed title to the suit property on basis of inheritance. According to them, their father Late Ram Khelawan was the owner of the suit property and after his death, the petitioners have inherited the same. They alleged that on 12.7.2014 original defendant tried to demolish the back boundary wall, compelling them to institute the suit for permanent prohibitory injunction restraining the defendants from interfering in their possession, use and occupation of the suit property shown with letters [1]. Alongwith the plaint, a map has also been annexed, giving dimensions of the suit property. It is pertinent to mention here that in the plaint, the area of the suit property has not been disclosed, but from the dimensions given in the plaint map, the area could be calculated.
(3.) During the pendency of the suit, the original defendant transferred different parts of the suit property in favour of defendants no.2 to 7. The petitioners got the plaint amended and impleaded defendants no.2 to 7 and also prayed for cancellation of the sale deeds executed by the original defendant in their favour.;