Court No. - 33
Case :- MATTERS UNDER ARTICLE 227 No. - 6172 of 2018 Petitioner :- Ministry Of Railway And 4 Others Respondent :- Smt. Amrit Kumari And 3 Others Counsel for Petitioner :- Mukteshwar Upadhyay
Hon'ble Manoj Misra,J.
Heard learned counsel for the petitioners and perused the record.
The instant petition has been filed for setting aside the order dated 03.05.2011 passed by the Civil Judge (Jr. Div.), Kalpi in Suit No. 185 of 2010 and order dated 17.02.2018 passed by the District Judge, Jalaun in Appeal No. 29 of 2011.
The plaintiff-respondent had instituted suit for permanent prohibitory injunction claiming that she purchased the land in dispute by a registered sale-deed and her name is reflected in the assessment register. It is alleged in the plaint that the Railways, unauthorisedly, are seeking to demolish the construction and dispossess the plaintiff.
The trial court, after considering the material on record, directed maintenance of status quo by order dated 03.05.2011 against which the petitioners filed Misc. Civil Appeal No. 29 of 2011 which came to be dismissed by order dated 17.02.2018 upon finding that on the basis of the documents produced, the plaintiff was able to make out a prima facie case in her favour and in case protection was not granted, she would suffer irreparable loss and that the balance of convenience was also in favour of the plaintiff.
The learned counsel for the Railways has submitted that essentially the dispute in the suit relates to demarcation of the property belonging to the Railways and therefore such demarcation may be done and the suit be decided expeditiously.
As, admittedly, the plaintiff has set up title documents and the name of the plaintiff is reflected in the assessment register, a prima facie case has been made out by the plaintiff for grant of interim injunction in her favour therefore no case is made out to interfere with the impugned orders.
In so far as the demarcation of the plot/land belonging to the Railways is concerned, the petitioners can always apply to the trial court for necessary demarcation/survey report and once that is placed and accepted in the suit proceeding, the court can pass appropriate orders.
Under the circumstances, without interfering with the orders impugned, this petition is disposed of by observing that the petitioners shall be at liberty to apply to the court concerned for obtaining a report to demarcate/identify the suit land as also the land belonging to the Railways.
Needless to observe that the court shall accord priority to the matter and proceed to bring the suit proceeding to its logical conclusion expeditiously.
With the aforesaid observation/liberty, this petition is disposed off. Order Date :- 29.10.2018/Sunil Kr Tiwari