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2026 DAILYLAW 8386 (ALL)

RAFIQ AND 5 OTHERS v. AAS MOHAMMAD AND 3 OTHERS

FAFO/2704/2026 · 2026-09-22

Sandeep Chaudhary Joint Registrar Judicial

Original Suitbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD FIRST APPEAL FROM ORDER No. - 2704 of 2026 Court No. - 54 HON'BLE ANIL KUMAR-X, J. 1. This appeal has been filed by the appellants with a prayer that this Hon'ble Court may be pleased to allow the appeal and set aside the impugned order/formal order dated 29.08.2026/03.09.2026 passed by Civil Judge (Senior Division) Bulandshahar in O.S. No. 784 of 2026 or pass such other and further order as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case. 2. Learned counsel for the appellant submitted that a suit for permanent injunction was instituted by him. During the pendency of proceedings, he moved an application seeking temporary injunction before the learned trial court but the same was rejected by it on the ground that appellant/plaintiff has not filed the latest/current record of rights of the disputed agricultural land. It was contended that latest record of rights of the concerned land was submitted by the appellant. 3. Heard learned counsel for the appellant and perused the impugned judgment and order. 4. It is very much apparent that the injunction application of the appellant/plaintiff was dismissed on the sole ground that he has failed to submit the latest record of rights of the disputed land. The approach adopted by the learned trial court for rejecting the temporary injunction application is not appropriate. If the court was of the view that orders in respect of the application cannot be passed in absence of the latest Khatauni, it could have provided an opportunity to the plaintiff for filing the same. Versus Counsel for Appellant(s) : Deepak Kumar Jaiswal Counsel for Respondent(s) : Rafiq And 5 Others .....Appellant(s) Aas Mohammad And 3 Others .....Respondent(s) 5. Therefore, the impugned order dated 29.08.2026 is set aside. This matter is remitted back to the learned trial court to pass a fresh order upon the injunction application filed by the appellant/plaintiff within a period of 45 days after affording him an opportunity to file the latest record of rights of the disputed land. An opportunity of hearing shall also be afforded to respondent/defendant. 6. Accordingly, the appeal is allowed to the extent as indicated above. September 23, 2026 Neeraj FAFO No. 2704 of 2026 2 (Anil Kumar-X,J.) Digitally signed by :- NEERAJ KUMAR SINGH High Court of Judicature at Allahabad