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W.P.No.9794/10
General Secretary Mus.Samirunnisha (since dead) through
Lajja Ram Saini Yusuf and others
9.9.2010
Shri Virendra Verma, Counsel alongwith petitioner.
Shri Amresh Mishra, Counsel alongwith respondent No.1.
Shri Imtiaz Hussain, Counsel for respondents No.2 to 8.
This petition is directed against an order dated 11.5.2010 by the
Additional District Judge, Waidhan, District Sidhi in Civil Misc.Appeal
No.3/2007 by which a temporary injunction order has been issued
against the petitioner restraining him to raise any construction on the
land Survey Nos.354, 355, 356 total area 0.676 Hectare of village
Waidhan, Tehsil Singrauli till decision of the suit.
As per order dated 8.9.2010, both parties are present before this
Court. We have heard both Parties.
Plaintiff/respondent is present in Court. He submitted that he is
entitled for 1/3rd of the land and if petitioner herein is permitted to raise
construction by leaving his 1/3rd land out of the total land area 0.676
Hectare, then he has no objection to permit the petitioner to complete
the construction. It is also submitted that the aforesaid land should
have access to the main road and there should not be any obstruction
in use of the land by the plaintiff/respondent, in case he is found
entitled for the same in the case.
Leaned counsel for petitioner submitted that petitioner has no
objection, if petitioner is permitted to raise construction over 2/3 rd of the
total disputed land. Petitioner also submitted that in case, the suit is
decreed then petitioner be permitted to make an offer to the
plaintiff/respondent for the purchase of the land and if that is not
accepted, then petitioner shall hand over possession of the land as per
decree of the trial Court. To this, plaintiff/respondent present in Court
has consented. However, he submitted that his land be got measured
through the competent officer of the Tehsil in the presence of both
parties and after ascertaining the boundaries of the disputed land, 1/3 rd
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W.P.No.9794/10
General Secretary Mus.Samirunnisha (since dead) through
Lajja Ram Saini Yusuf and others
9.9.2010
land having proper access to the main road may be left apart from
construction.
In view of the aforesaid joint contentions made by the parties,
this petition is finally disposed of with following directions:-
(i) Petitioner herein shall get the disputed land demarcated. The
demarcation shall be made by the competent officer of the Tahsil in
presence of both parties.
(ii) If an application is made by the petitioner for demarcation of the
land, the Tehsildar shall expedite the demarcation of the aforesaid land
and shall complete demarcation expeditiously as far as possible within
a period of 60 days from the date of filing of the aforesaid application.
The expenses for demarcation of the land shall be borne by the
petitioner.
(iii) After ascertaining boundaries of the disputed land, 1/3rd land of
the total land 0.676 hectare having proper access to the main road be
left open and no construction shall be raised on the aforesaid land till
the decision of the suit.
(iv) The plaintiff/respondent shall be entitled for the land as per
decree, if any, is passed in the matter and in case plaintiff/respondent
chooses to get the possession of the land, petitioner herein shall hand
over the possession of the land with proper access to the main road to
the plaintiff/respondent. However, petitioner shall be entitled to make
an offer in lieu of the land as per market value and the
plaintiff/respondent shall be free to accept the aforesaid offer.
(v) After demarcation and keeping 1/3rd land open as directed
hereinabove, the petitioner shall be entitled to complete the
construction after due intimation to the trial Court.
(vi) All the aforesaid proceedings shall take place under the
supervision of the trial Court and subject to decision of the suit. The trial
Court is directed to expedite the hearing of the suit and shall make an
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W.P.No.9794/10
General Secretary Mus.Samirunnisha (since dead) through
Lajja Ram Saini Yusuf and others
9.9.2010
endeavour to decide the suit expeditiously as far as possible within a
period of nine months from the date of communication of this order. .
No order as to costs.
C.C. as per rules.
(Krishn Kumar Lahoti) (J.K.Maheshwari) C. Judge Judge