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2022 Supreme(Raj) 395

Mahavir Prasad S/o Faurang Singh – Appellant
Versus
Jagan Singh S/o Sunder Singh (Deceased), Through Legal Heirs – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. R.K. Mathur, Sr. Advocate assisted by Mr. Aditya Kiran Mathur, Mr. Hari Kishan Sharma
For the Respondent:Mr. M.M. Ranjan, Sr. Advocate assisted by Mr. Rahul Kamwar

JUDGMENT :

1. Appellant-Defendants (hereafter referred to ‘defendants’) have preferred this second appeal under Section 100 of Civil Procedure Code against the judgment and decree dated 15.01.2021 passed in Civil First Appeal No.20/2019 by the Court of Additional District Judge No.1, Bharatpur whereby and whereunder the first appeal has been allowed and consequentially, the civil suit for permanent injunction filed by respondent-plaintiff, being civil suit No.26/2012, which was dismissed by the Additional Civil Judge No.1, Bharatpur, has been decreed against appellant-defendants No.1 and 2 in the manner that they will not make any encroachment and construction over 20’ wide way and if during pendency of the suit any construction has been made, the Urban Improvement Trust (hereafter referred to ‘U.I.T.’), Bharatpur would remove the same in accordance with law. Simultaneously, the counter claim made by appellant-defendants No.1 and 2 against the co-defendant No.3-U.I.T., Bharatpur has been dismissed. The operative portion of the impugned judgment and decree dated 15.01.2021 reads as under:-

    ^^vr% vihykaV@oknhx.k dh vihy vkSj Áfroknh uacj rhu ds ØkWl vkctSD'ku Lohdj djrs gq, oknh dk nko

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