Disposed

Shahid Khan v. Jameel Khan and 2 Others

Allahabad HC12 Sept 2019A227/5939/2019

Case brief

AI extract

What is this about?

In a maintenance application under Article 227 regarding a civil appeal on temporary injunction, the court permitted existing constructions but restrained the petitioner from raising new ones on disputed land pending the trial of the suit.

What did the court decide?

Existing constructions shall not be demolished but petitioner is restrained from raising further constructions over the back side of the suit land; trial court to decide suit with expedition.

Shahid Khan Vs Jameel Khan and 2 Others — Specific Performance | Allahabad HC (2019)

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Court No. - 40

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Case :- MATTERS UNDER ARTICLE 227 No. - 5939 of 2019

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Petitioner :- Shahid Khan Respondent :- Jameel Khan And 2 Others Counsel for Petitioner :- Pratik Chandra,Asha Parihar,Kumar Mitakshar Counsel for Respondent :- Anil Kumar Dubey

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Hon'ble Manoj Kumar Gupta,J.

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By impugned order dated 27.4.2019 passed in Misc. Civil Appeal No. 11 of 2018, the Additional District Judge, Court No.2, Pilibhit, has set aside the order of the trial court dated 21.4.2018 granting temporary injunction in favour of the plaintiff-petitioner to the extent it relates to back side of the suit property in respect whereof the petitioner claimed title on basis of a receipt (unregistered document). For the remaining part of the suit property over which title was claimed on basis of registered sale deed dated 23.7.2007, the order of temporary injunction granted by the trial court has been maintained.

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Counsel for the petitioner submitted that after the grant of order of temporary injunction by the trail court in respect of entire suit property the petitioner raised Pakka constructions even over the back side of the suit land. It is urged that in view of the appeal having been allowed in part, the defendants are threatening to demolish the constructions raised by the petitioner over the back side of the suit land.

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Learned counsel for the defendant-respondents submitted that the respondents would not demolish the constructions

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which have already been raised, provided the petitioner is injuncted from raising further constructions over the back side of the suit land and a further direction is given to the trial court to decide the suit expeditiously.

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In view of the above statement made by learned counsel for the respondents, the instant petition is disposed of by providing that the constructions, if any, in existence over back side of the suit land, shall not be demolished, but the petitioners shall not raise any further constructions over the said part of the land. The order of the Appellate Court in all other respects is hereby maintained. The trial court shall proceed to decide the suit with expedition, by fixing short dates and without granting unnecessary adjournments.

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(Manoj Kumar Gupta,J.)

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Order Date :- 12.9.2019 Chandan

Shahid Khan v. Jameel Khan and 2 Others

Case brief

What is this about?

What did the court decide?

Shahid Khan v. Jameel Khan and 2 Others

Case brief

What is this about?

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What the court decided

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