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2015 Supreme(All) 2049

ANJANI KUMAR MISHRA
Sri Jan Kalyan Samiti Kakara Dubawal, Alld. – Appellant
Versus
Santosh Kumar Yadav – Respondent


Advocates Appeared:
For the Petitioner: Randhir Jain.

JUDGMENT

Anjani Kumar Mishra, J.

Heard Sri Randhir Jain, learned counsel for the petitioner and Sri Sunil Kumar Mishra, who has filed his appearance on behalf of respondents 3 and 4, through their power of attorney-holder, respondent no. 5.

2. A short counter affidavit of the power of attorney-holder of respondents 3 and 4 has been filed, as also supplementary affidavits of their counsel in the court below.

3. The writ petition is directed against an order dated 20.5.2015 passed in Suit No. 184 of 2005. By this order, an injunction granted by the trial court, directing the parties to maintain status quo, has been recalled on an application of respondents 3 to 5 herein.

4. The facts of the case are that the petitioner filed a suit in the court of the Civil Judge (SD), Allahabad, for a declaration that the plaintiff is the owner of the property in suit. A further relief for a permanent injunction, restraining the defendants from interfering in the plaintiffs' peaceful possession, was sought. It was also prayed that the defendants be restrained from damaging the property and from alienating the same. The suit was filed on 11.2.2015, along with an application for ad interim injunction.

5. It











































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