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2025 DAILYLAW 15012 (ALL)

SMT. NISAR BEGUM v. TEACHERS HOUSING COOPERATIVE SOCIETY LTD. AND 2 OTHERS

A227/6064/2016 · 2025-10-05

Manish Kumar Nigam

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 6064 of 2016 Court No. - 9 HON'BLE MANISH KUMAR NIGAM, J. 1. Heard learned counsel for the parties and perused the record. 2. This petition has been filed challenging the order dated 03.05.2014 passed by Civil Judge (Sr. Div.) Court No. 3, Kanpur Nagar in O.S. No. 335 of 2012 rejecting the application for injunction filed by the petitioner and order dated 30.07.2016 passed by Additional District Judge, Court No. 14 Kanpur Nagar in Misc. Appeal No. 73 of 2014. 3. Contention of the learned counsel for the petitioner is that the petitioner filed a suit claiming injunction against the contesting defendants on the basis of the sale deed executed in her favour by the Housing Society defendant in the year 1979. The petitioner also claimed that the plaintiff/petitioner is in possession over the land in dispute. The defendant/respondent contested the suit on the ground that prior to execution of sale deed in favour of the petitioner, earlier a sale deed was executed by the Society in favour of the predecessor in interest of the contesting defendant/respondent. The courts below while deciding the injunction application has recorded a categorical finding that the deed in question which has been executed in favour of the petitioner was subsequent to the deed executed in faovur of the defendant/respondent. It has been further recorded by the court below that so far as the question of possession is concerned that can be decided only after evidence is considered as both the parties claim to have raised a boundary wall. Versus Counsel for Petitioner(s) : Arvind Srivastava Iii, K. Ajit Counsel for Respondent(s) : Hari Bans Singh, Krishna Nand Rai, Vijay Anand Rai Smt. Nisar Begum .....Petitioner(s) Teachers Housing Cooperative Society Ltd. And 2 Others .....Respondent(s) 4. In view of the finding recorded by the court below, no illegality has been committed by the court below in rejecting the application filed by the petitioner. 5. Accordingly, this petition stands dismissed. October 6, 2025 Ved Prakash A227 No. 6064 of 2016 2 (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad