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2025 DAILYLAW 171050 (ALL)

SMT. RAMKALI AND 2 OTHERS v. LAL KRISHNA DWIVEDI AND ANOTHER

/6486/2024 · 2025-01-07

Pankaj Bhatia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:1070 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 6486 of 2024 Petitioner :- Smt. Ramkali And 2 Others Respondent :- Lal Krishna Dwivedi And Another Counsel for Petitioner :- Purusottam Awasthi Hon'ble Pankaj Bhatia,J. 1. Heard learned Counsel for the petitioner. 2. The present petition has been filed challenging the order dated 31.08.2022, whereby the injunction was granted to the plaintiffs as well as the order dated 17.05.2024 whereby, the appeal was dismissed. 3. Facts in brief are that the plaintiffs filed a suit claiming ownership of the property as described in the plaint and also claimed constructions of certain Kothari over the property in question. The defendants to the suit opposed the injunction in the suit by claiming ownership by virtue of a sale deed executed in their favour. The trial court with an intent to preserve the property granted injunction discussing the prima facie case and the appellate court dismissed the appeal. 4. The submission of the Counsel for the petitioners is that injunction has been granted in respect of a temporary Mutt constructed without even ascertaining the nature of the possession and the prima facie case of the plaintiff is bad in law merits rejection. For the sole reason that both the courts have rightly held that the property which is subject matter of the suit shall be preserved. 5. In view of the fact that the injunction application is continuing for the last two years, I do not see any reason to interference with the impugned orders. The writ petition is dismissed. Order Date :- 7.1.2025 akverma Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench