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1993 Supreme(All) 361

A.K.BANERJI
BIJEDRA KUMAR – Appellant
Versus
BASANT KUMAR – Respondent


Advocates Appeared:
Y.S.Bohra

ASHIM KUMAR BANERJEE, J.

( 1 ) THIS revision is directed against the order dt. 3rd Dec. , 1992 passed by the Civil Judge, Meerut deciding issue No. 2 against the defendant applicants and holding that the trial of Suit No. 80 of 1990 is not liable to be stayed under S. 10, C. P. C.

( 2 ) BRIEFLY stated, the facts of the case so far as relevant for the purposes of the present revision are that Suit No. 947 of 1985 was filed by Smt. Savitri Devi, widow of Ghanshyam Singh against Smt. Santosh Kumari, widow of one Swatantra Kumar and Ved Singh (father of Smt. Santosh Kumari) for permanent injunction restraining the defendants from illegally entering upon the residential premises of the plaintiff situated at 12, Tarapuri, Harihar Khera, Lisari Raod, Meerut and not to take possession of the same directly or through the police without adopting adequate legal recourse. The plaintiff claimed to be the sole owner of the said property. In the written statement Smt. Santosh Kumari, defendant in the said suit, inter alia denied that the plaintiff was the sole owner of the property in question and claimed that the property was joint family property of which her deceased husband Swantantra Kumar wa








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