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2020 Supreme(Jhk) 575

RAJESH SHANKAR
Abdul Mian – Appellant
Versus
Ibrahim Ansari – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. C.S.Pandey, Advocate

JUDGMENT :

The present case is taken up through video conferencing.

2. The present writ petition has been preferred for quashing the order dated 07.05.2018 passed by the Principal District Judge, Latehar in Civil Misc. Appeal No.03 of 2017 whereby the order dated 20.05.2017 passed by the Civil Judge (Senior Division)-II, Latehar in Original Suit No. 16 of 2016 dismissing the application filed by the plaintiffs/respondents under Order XXXIX Rule 1 and 2 read with section 151 CPC has been set aside with a direction to the defendant/petitioner not to interfere with the peaceful possession of the plaintiffs/respondents upon the suit land.

3. The learned counsel appearing on behalf of the petitioner submits that the plaintiffs/respondents filed Original Suit No.16 of 2016 claiming right, title, interest and possession over the suit land appertaining to plot No.288/1006, khata No.78/102 situated at Mouza-Baresarh measuring an area of 3.20 acres on the ground that the said land was initially settled to the defendant/petitioner vide Settlement Case No.269/55-56 but in his Patta, instead of village Baresarh, where the land was actually situated, it was written as village Mayapur and the defend

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