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1999 Supreme(P&H) 180

V.K.JHANJI
Bashir Ahmad – Appellant
Versus
Masjit Patti Niyamatpur – Respondent


Judgment

V.K.Jhanji, J.

1. This revision petition is directed against order dated 1.12.1997 of the learned Additional District Judge, Jagadhri, whereby plaintiff (respondent No. 1) has been permitted to withdraw the suit itself against the dismissal of which he had preferred an appeal. As a consequence thereof, appeal has also been allowed to be withdrawn.

2. Plaintiff filed suit for permanent injunction against the petitioner and other nine persons seeking permanent injunction and management of land measuring 56 kanals 5 marlas. The claim of the plaintiff in the said suit was that the suit land is owned and possessed by plaintiff-Masjit and Noordin son of Nathu Ram was appointed its Manager and on his death, Latif son of Fattu being appointed Mutwali Mohtamim-cum-Manager is entitled to manage the affairs of the Masjid and petitioner and other defendants have no right to interfere in his possession and management of the Masjid and the land attached to it. Upon notice of the suit, petitioner as well as other co-defendants appeared and disputed the claim of the plaintiff. The learned trial Court on the pleadings of the parties, framed as many as eight issues and on the basis of volumi














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