Neutral Citation No. - 2025:AHC-LKO:285 Court No. - 19 Case :- MATTERS UNDER ARTICLE 227 No. - 6401 of 2024 Petitioner :- Sagir Ahmad Respondent :- Iii Addl. District And Sessions Judge Bahraich And 2 Others Counsel for Petitioner :- Afzal Hasan Hon'ble Manish Mathur,J. 1. Heard learned counsel for petitioner. In view of order being passed, notice to opposite parties stands dispensed with. 2. Petition has been filed challenging order dated 20.04.2023 allowing application for interim injunction under Order 39 Rule 1 and 2 of the Code of Civil Procedure pertaining to suit for permanent injunction instituted by opposite party no 3 in which petitioner is a defendant. Also under challenge is the appellate order dated 12.11.2024 whereby petitioner's appeal has been rejected. 3. From a perusal of material on record and submissions advanced by learned counsel for petitioner, it appears that by means of order dated 20.04.2023, interim injunction has been granted restraining defendant/petitioner from interfering in possession of plaintiff/opposite party no. 3 over plot no. 33 having an area 1500 square feet situated in Village Kaiseerganj, H/O Dihwa Sher Bahadur Singh, Pargana Hisampur Tehsil Kaiserganj, District Bahraich. 4. It also appears that interim injunction has been granted primarily on the ground that the name of plaintiff/opposite party no 3 has been indicated as being recorded over the said plot. The appellate Court has also concurred with prima facie finding. 5. From a perusal of memorandum of appeal also it appears that a paragraph 5 thereof, it has been admitted by petitioner that he is owner in possession of plot recorded as 34/2 in the same village and has also admitted that the residential accommodation of plaintiff is constructed over plot no. 33. 6. It thus appears that admission with regard to prima facie case established by plaintiff has been admitted by petitioner/defendant. 7. In view of aforesaid, this Court does not find any occasion to interfere with orders impugned. The findings, however, recorded by the trial and appellate courts shall be subject to evidence, if required during the suit proceedings. 8. In view of aforesaid, the petition being devoid of merit is dismissed at the admission stage itself.. Order Date :- 3.1.2025 Satish Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad, Lucknow Bench