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RESERVED

Court No. - 9

Case :- MATTERS UNDER ARTICLE 227 No. - 1221 of 2022

Petitioner :- Smt. Chanda Kedia And Another

Respondent :- Dwarika Prasad Kedai And Another

Counsel for Petitioner :- Tarun Agrawal

Counsel for Respondent :- Hausihla Prasad Mishra,Hausihla Prasad

Mishra

Hon'ble Vipin Chandra Dixit,J.

1.

Heard Sri Ravi Kant, learned Senior Advocate assisted by Sri

Tarun Agrawal, learned counsel for the petitioners and Sri P.K. Jain,

learned Senior Advocate assisted by Sri H.P. Mishra, learned counsel

for the respondents and perused the record.

2.

This petition under Article 227 of the Constitution of India has

been filed by the plaintiffs-petitioners for setting aside the impugned

order dated 23.12.2021, passed by Additional District and Sessions

Judge / Fast Track Court, Gorakhpur, in Misc. Appeal No. 18 of 2021

(Dwarika Prasad Kedia and another vs. Smt. Chanda Kedia and

others).

3.

Brief facts of the case is that the plaintiffs-petitioners had filed

Original Suit No. 458 of 2017 (Smt. Chanda Kedia and another vs.

Shri Dwarika Prasad Kedia and another) for restraining the

defendants-respondents for unilaterally letting out the suit property

situated at