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2023 Supreme(All) 1362

RAJNISH KUMAR
Ayaz Ahmad – Appellant
Versus
Civil Judge (Junior Division), Kadipur, Distt. Sultanpur – Respondent


Advocates Appeared:
For the Petitioner: Pradeep Kumar Shukla.
For the Respondent: C.S.C., Mohan Singh.

JUDGMENT :

1. Heard Shri Skand Bajpai, Advocate holding brief of Shri Pradeep Kumar Shukla, learned counsel for the petitioners, learned Additional Chief Standing Counsel and Shri Mohan Singh, learned counsel for the opposite party no.6.

2. This petition has been filed for setting-aside the order dated 20.09.2023 passed in Original Suit No.723 of 2023 by the Civil Judge, Junior Division, Kadipur, District-Sultanpur. A further prayer has been made for direction not to demolish the housing abode described in the foot of plaint and they may not dislodge the peaceful possession and occupation of petitioners over the land in question described in the foot of plaint and for a direction for deciding the application for interim injunction on merits on the next date fixed.

3. Learned counsel for the petitioners submits that on the basis of spot inspection on 10.09.2023, the petitioners were directed to remove the alleged encroachment made by the petitioners on 10x10 part of Gata No.20/0.038 hec., which is recorded as Naveen Parti and encroached by the petitioners which has been selected for R.R.C. Center. It has further been observed that in the notice, in case the petitioners do not violate t

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