WRIT - C No. 1005313 of 2013 at Lucknow

1 Neutral Citation No. - 2025:AHC-LKO:17381 A.F.R. Court No. - 8 Case :- WRIT - C No. - 1005313 of 2013 Petitioner :- Usha Devi @ Urmila Devi And Others Respondent :- Malti Devi And Others Counsel for Petitioner :- Lakshman Singh Counsel for Respondent :- G C Verma,Sunita Dwivedi ***** Hon'ble Jaspreet Singh,J. 1. Heard Shri Lakshman Singh, learned counsel for the petitioners and Ms. Sunita Dwivedi, learned counsel appearing for the private-respondents No.1 to 3. 2. The petitioners have approached this Court seeking to assail the order dated 24.04.2013 passed by the Additional District Judge, Court No.9, Pratapgarh in Misc. Civil Appeal No.91 of 2011, whereby an appeal preferred by the petitioners under Order XLII Rule 1(d) CPC was dismissed, as a consequence, the order passed by the trial Court dated 17.09.2011, whereby the application of the petitioners under Order IX Rule 13 CPC was dismissed, was affirmed. 3. The brief facts giving rise to the instant petition are being noticed hereinafter:- 4. The predecessor-in-interest of the respondents No.1 to 3, namely Gajendra Prasad had instituted a suit for permanent injunction in the Court of Civil Judge (Junior Division), Sadar, Prat