Banshidhar Pandey Vs Govinder Pandey and 9 Others

Court No. - 36

Case :- MATTERS UNDER ARTICLE 227 No. - 9319 of 2018

Petitioner :- Banshidhar Pandey Respondent :- Govinder Pandey And 9 Others Counsel for Petitioner :- Pankaj Kumar Shukla

¶4

Hon'ble Mrs. Sunita Agarwal,J.

¶5

The order impugned in the present petition is an order passed by the first appellate court for rejection of temporary injunction application 6- Ga, filed in Original Suit No. 104 of 2014.

¶6

Based on the averments made in the plaint, submission of learned counsel for the petitioner is that the first appellate court has committed jurisdictional error in interfering with the status quo order passed by the trial court

¶7

The dispute in the instant suit pertains to the land shown by digits 5-6-7-8 in the plaint map, which has been claimed as Sahan land of the plaintiff.

¶8

A perusal of the plaint map indicates that the house of the plaintiff exists at the other side of a Rasta, which lies in between the suit land and a Sahan which has not been described correctly in the plaint map. The defendants, on the other hand, have filed a map with the written statement making a categorical statement therein that there exist number of Tin sheds, rooms, trees, neem trees etc. over the land in suit belonging to defendants 1 to 5. In order to determine the status of the suit property, the Amin commission was issued. The map appended with the report of the Amin commission dated 4.7.2014, (paper no. 34 of the paper book) tallies with the map filed by the defendants with the written statement.

¶9

No objection has been taken to the amin report by the plaintiff.

¶10

In view of the above noted fact, the findings returned by the first appellate court to set aside the order for grant of status quo by the trial court cannot be said to suffer from any error of law, much less jurisdictional error.

¶11

The present petition is found devoid of merits and hence dismissed.

¶12

Order Date :- 13.12.2018 Pratima

Banshidhar Pandey v. Govinder Pandey and 9 Others

Case brief

What is this about?

What did the court decide?

Banshidhar Pandey v. Govinder Pandey and 9 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Smt. Meeta Bandopadhyay Vs Ram Krishna Mishra and 5 Others

Abu Laish Vs Civil Judge and 15 Others

Tara Rani Singh and 2 Others Vs Ashok Kumar Singh and Another

Sunil Kumar Vs Jogendra Singh and 2 Others

Naveen Kumar Jain and 15 Others Vs Additional District Judge and 2 Others

Ram Niwas Vs Additional District Judge/ Special Judge (D.a.a.) and 2 Others