Brij Lal. v. District Magistrate/Collector Distt. Ambedkar Nagar
2015-11-04
D.Y.CHANDRACHUD, NARAYAN SHUKLA
body2015
DigiLaw.ai
JUDGMENT The record of the writ petition would indicate that there has already been a considerable amount of litigation between the petitioners and the private respondents, respondents 4 to 8. The litigation originated in a suit for injunction instituted by the petitioners (Regular Suit No.92 of 1975). The petitioners have stated that the suit was dismissed by the Additional Munsif Magistrate on 23 November 1981. Civil Appeal No.30 of 1982 was allowed on 24 February 1984. In a second appeal filed by the contesting respondents, the learned Single Judge decided the issue on 17 August 1999 and modified the judgment of the First Appellate Court by confining the decree to Plot No.741. 2. The petitioners are aggrieved by a direction issued on 20 January 2014 by the Sub Divisional Magistrate, Jalalpur, District Ambedkar Nagar. The communication dated 20 January 2014 by the Sub Divisional Magistrate to the Station House Officer notes that there is an issue pertaining to the construction of a boundary wall in the midst of Gata Nos.446 and 725. A direction has been issued to maintain the peace and to ensure that the petitioners do not interfere in the work of raising a boundary wall. 3. All that we need clarify is that the petitioners would be at liberty to espouse their rights either by instituting a civil proceeding before the competent Court or by seeking execution of the decree which has been passed in the previous proceedings. The dispute which arises between the petitioners and the private respondents cannot be resolved in the present proceedings and we leave it open to the petitioners to pursue their rights before the competent forum. 4. The writ petition is, accordingly, disposed of. There shall be no order as to costs. ………………..