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Judgment
The appellant before this Court has filed the present appeal being aggrieved by the order dated 08.07.2019 passed in W.P.No.13089 of 2019 by the learned Single Judge.
The facts of the case reveal that the writ petition was preferred by the appellant/writ petitioner/society claiming to be the owner and in possession of land to an extent of Ac.5.00 guntas in Sy.No.47 and Ac.5.00 guntas in Sy.No.153 situated at Kapra Village based upon a gift deed dated 10.04.2008 executed by Mohd. Ishaq Aleemuddin Khan, who was the General Power of Attorney holder of Smt. Mehboobunnisa Begum. It was stated that the respondent authorities are interfering with the possession of the appellant/society. The learned Single Judge, as a claim was made on the basis of unregistered gift deed and no material was placed to establish that the society is in possession, has dismissed the writ petition.
In the considered opinion of this Court, if the appellant/society wants an injunction or claiming title by virtue of the gift deed, the remedy available to the appellant is to file a civil suit and as the disputed questions of fact could not have been decided in the writ petition, the learned Single Judge was justified in dismissing the writ petition. No case is made out to interfere with the order passed by the learned Single Judge.
Resultantly, the writ appeal is dismissed.
Miscellaneous petitions, if any, shall stand closed.
There shall be no order as to costs.