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Neutral Citation No. - 2025:AHC:67681 Court No. - 2 Case :- FIRST APPEAL FROM ORDER No. - 922 of 2025 Appellant :- Girja Shankar And 2 Others Respondent :- Ram Lalit Counsel for Appellant :- Bhagwan Dutt Pandey,Sandeep Kumar Yadav Hon'ble Neeraj Tiwari,J.
1. Heard learned counsel for the appellants.
2. Learned counsel for the appellants submitted that respondent-plaintiff instituted a suit for permanent injunction under Section 39 of Specific Relief Act, 1963 being Original Suit No. 86 of 2024 regarding Sikami No. 74, 75, 76 & 77. Along with the suit, 6C application was also filed for interim injunction during the pendency of the suit. He next submitted that notices were issued and petitioner-defendants also filed objection, but without considering the same, 6C application was allowed vide order dated 20.03.2025. He next submitted that in the garb of interim order, plaintiff- respondents want to encroach upon the land of petitioner-defendant bearing Sikami No. 69, which is adjoining to the public road.
3. Being confronted by the Court, he could not demonstrate, as to how the plaintiff- defendant may encroach his land as between both the lands, a public road is situated.
4. I have considered the submission of learned counsel for the appellant and perused the impugned order 20.03.2025.
5. It is very surprising that petitioner is not aggrieved with the suit filed for Sikami No. 74 to 77, whereas, he worried about the sekami No. 69, for which learned judge has not passed any order. It is also undisputed that between both the lands i.e. Sikami Nos. 74 to 77 and Sikami No. 69, there is a public road. Therefore, this Court is of the firm view that petitioner-defendant is not even aggrieved with the impugned order dated 20.03.2025 as there is no order for Sikami No. 69.
6. Accordingly, petition lacks merit and is hereby dismissed.
7. No order as to costs. Order Date :- 30.4.2025 ADY Digitally signed by :- AMAR DEEP YADAV High Court of Judicature at Allahabad