Plaintiffs filed suit for permanent injunction in respect of Araji No.215 on the basis of a Will allegedly executed by one Vishwanath Upadhyay and on that basis claimed to be in possession eversince 1963. The court of first instance decreed the suit finding the plaintiffs to be in possession while deciding issue no.1. The aforesaid judgment, order and decree of the lower appellate court has been reversed and the suit has been dismissed by the appellate court but without disturbing the finding with regard to the possession.
Sri Manoj Kumar Shukla has put in appearance on behalf of respondent no.4. He prays for and is allowed a month's time to file counter affidavit. Two weeks therefore are allowed to the plaintiffs for filing rejoinder affidavit.
List for admission thereafter.
Issue notice to the remaining respondents.
Until further orders of this court parties are directed to maintain status quo with regard to the possession over the land in dispute.
Order Date :- 7.10.2010 piyush