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2025 DAILYLAW 128867 (ALL)

RAJESH KUMAR AND 7 OTHERS v. DISTRICT JUDGE DISTRICT UNNAO AND 4 OTHERS

A227/1455/2025 · 2025-03-26

Pankaj Bhatia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:17241 Court No. - 6 Case :- MATTERS UNDER ARTICLE 227 No. - 1455 of 2025 Petitioner :- Rajesh Kumar And 7 Others Respondent :- District Judge District Unnao And 4 Others Counsel for Petitioner :- Sudhakar Mishra Counsel for Respondent :- C.S.C. Hon'ble Pankaj Bhatia,J. 1. Supplementary affidavit filed today on behalf of the petitioners is taken on record. 2. Heard learned counsel for the parties and perused the record. 3. The present petition has been filed by the petitioners challenging an order dated 27.02.2024 whereby the injunction was refused as well as the appellate order dated 03.05.2024 whereby the appeal was dismissed. 4. The petitioner filed a suit, claiming ownership of the property situate at Gata No. 849-Kha ad measuring 1.137 hectares. He also claims that certain trees which was standing on Gata No. 849- Ka were belonging to the plaintiff-petitioner and the respondent be restrained from raising any construction over the property allotted to the petitioner and be restrained from cutting the trees. The trial Court after considering defence taken by the State, found no case for grant of interim order on the ground that no construction was being raised on the property allotted to the petitioner. The appeal was dismissed on the same reasoning. 5. Learned Standing Counsel based upon instructions states that no part of the property allotted to the petitioner is being encroached upon for raising construction and the constructions proposed are on the other part of Gata No. 849- Kha which is apart from 1.137 hectares of land allotted to the plaintiff as claimed by him. 6. In view of the said statement, the trial Court and the appellate Court have not erred in rejecting the injunction application. No interference is called for. 7. The petition is disposed of in terms of the above. Order Date :- 26.3.2025 Arun Digitally signed by :- ARUN KUMAR High Court of Judicature at Allahabad, Lucknow Bench