Court No. - 36
Case :- MATTERS UNDER ARTICLE 227 No. - 8032 of 2018 Petitioner :- Anil Kumar And 05 Others Respondent :- Indar (Since Deseased) And 03 Others Counsel for Petitioner :- Rajendra Kumar Singh
Hon'ble Mrs. Sunita Agarwal,J.
The present petition is directed against the orders of rejection of temporary injunction application filed in Original Suit No. 227 of 2008 (Anil Kumar Vs. Indar and others) whereby the petitioner has sought injunction with regard to a land shown by letters 'ABCD' in the plaint map. Both the courts below have recorded a categorical finding of fact that the land shown by letters 'ABCD' is plot no. 58 which is recorded as 'Navin parti' in the revenue records.
It is contended by learned counsel for the petitioners that the fact of recording of Plot No. 58 as 'Navin parti' in the revenue records is incorrect inasmuch as, the land in dispute is Old Harijan Abadi. It could not have been recorded as 'Navin parti' in the revenue records.
For the said assertion, it is open for the petitioners to seek declaration before the revenue court by moving under Section 144 of U.P. Revenue Code 2006. It is not open for the civil court to make any declaration with regard to a land of 'Navin Parti as Harijan Abadi.
For the aforesaid, no infirmity is found in the orders impugned. The present petition is dismissed.
Order Date :- 26.10.2018 Pratima