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SUDESH BANSAL
Murlidhar (Since deceased) – Appellant
Versus
Prakash Chandra Kasliwal (died) through his legal representatives – Respondent
| Table of Content |
|---|
| 1. claims of ownership and possession over the roof. (Para 1 , 2 , 3) |
| 2. defendant no.2 contests plaintiff's claims. (Para 4 , 6 , 10) |
| 3. supportive documentation of the ownership claims. (Para 5 , 7 , 8) |
| 4. analysis of res judicata applicability. (Para 25 , 28) |
| 5. assessment of defendant's rights and interests to avoid litigation. (Para 32 , 40) |
| 6. consideration of limitations and peculiar circumstances for mandatory injunction. (Para 35 , 36) |
| 7. final ruling on the appeal and restoration of previous judgment. (Para 42 , 43) |
JUDGMENT :
1. Instant second appeal under Section 100 CPC arises out of a civil suit filed for seeking prohibitory and mandatory injunction, way back on 09.10.1963, in relation to a portion of roof, situated in the property, commonly known as “Purohit Ji Ka Katla”, Chowkri Vishveshwar Ji, Johri Bazar, Jaipur. The suit was instituted by plaintiff-Prakash Chandra Kasliwal, against two persons namely Purohit Swaroop Narain and Murlidhar who were made parties as defendant Nos.1 and 2. Plaintiff claimed that on the portion of roof, purchased by him, defendant No.2 has constructed a wall of 37 ft. long from north to south and up to 7 ft. height thereby has
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