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Judgment
Ramesh Kumar Merathia, J.—This writ petition has been filed against the order dated 19th August, 2009, passed by learned Additional District Judge, Fast Track Court, Vth at Dhanbad, in Misc. Appeal No. 90 of 2008, affirming the order dated 11.7.2008, passed in Title Suit No. 229 of 2007, by learned Sub Judge, 1st at Dhanbad, refusing to grant injunction in favour of the petitioner.
According to the petitioner, in the sale deed dated 27.9.1973, wrong boundary was mentioned by his father due to illiteracy and therefore the defendants-respondents be restrained from making any construction over the land as the same is not covered under the said sale deed.
Learned Counsel appearing for the respondents, on the other hand, supported the impugned orders.
The prayer for injunction has been refused by learned courts below after considering their respective cases and the materials brought on record by the parties. It is, inter alia, observed that had there been any wrong description of the boundary in the said sale deed dated 27.9.1973, petitioner could agitate it before appropriate Court during last 30-32 years and moreover there is presumption of correctness of a registered deed. It is further observed that the said dispute can be decided only in the trial. Other relevant aspects of the matter were also considered by the learned courts below.
In the circumstances, no grounds are made out for interference with the impugned orders in exercise of the powers conferred on this Court under Article 227 of the Constitution of India. Accordingly, this writ petition is dismissed.
However, the parties are directed to cooperate in early disposal of the suit and the trial court will also expedite the hearing of the suit.
It goes without saying that any construction made on the suit land will be subject to final decision of the suit.