JUDGMENT :

MANISH MATHUR, J.

1. Heard Mr. Mohd. Arif Khan, learned Senior Counsel assisted by Mr. Mohd. Aslam Khan, learned counsel for petitioner.

2. In view of order being proposed to be passed, notices to opposite parties no. 1 and 2 and opposite parties no. 4 to 10 stand dispensed with.

3. Although there is reporting of caveat on behalf of opposite party no. 3 but despite the matter being taken up in the revised list, no one has put in appearance on behalf of caveator.

4. Petition under Article 227 of the Constitution of India has been filed against order dated 17.08.2022 passed by the trial court whereby objections under order 39 Rule 4 of the Code of Civil Procedure have been allowed vacating the temporary injunction earlier granted. Appellate order dated 18.01.2023 has also been challenged.

5. Learned counsel for petitioner submits that the petitioner had purchased an area measuring 0.01109 hectare of Gata No. 1297 having a total area of 0.1110 hectare by means of registered instrument of transfer dated 28.11.2008. It is submitted that when the defendants 1 and 2 started interfering in the possession of petitioner and raising construction on the plot in question, the petitioner wa