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2022 Supreme(Raj) 1239

SUDESH BANSAL
Ramchander – Appellant
Versus
Shanker – Respondent


Advocates appeared:
Mr. Manoj Bhardwaj, Advocate, for the Appellant
Mr. P.C. Jain with Mr. Zeeshan Khan, Advocates, for the Respondent

JUDGMENT

1. Appellant-plaintiff has preferred this second appeal under Section 100 of the Code of Civil Procedure, assailing judgment and decree dated 02.03.2016 passed in Civil First Appeal No.19/2010 by the Additional District Judge, Lalsot, District Dausa whereby first appeal has been allowed and the judgment and decree dated 03.12.2010 passed in Civil Suit No.43/1997 by the Civil Jude (Junior Division) Lalsot, District Dausa has been quashed and consequently the civil suit for permanent injunction filed by appellant-plaintiff has been dismissed.

2. Heard counsel for both parties and perused the record.

3. The dispute between parties is in relation to an open piece of land measuring 13X6 square yards situated at village Daulatpura, Tehsil Lalsot, District Dausa. Appellant-plaintiff instituted a simpliciter civil suit for permanent injunction on 13.11.1997, claiming his absolute ownership and exclusive possession over the suit plot on the basis of patta dated 03.02.1991 issued by the Gram Panchayat, Daulatpura. It was prayed by plaintiff that defendants be restrained not to interfere in his possession and not to enter in possession of the suit plot nor to raise any construction ther

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