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1981 Supreme(All) 397

T.S.MISRA
Bashir Ahmad – Appellant
Versus
Menhdi Hasan – Respondent


ORDER :- This revision arises in the following circumstances,

2. Bashir Ahmad, the present revisionist had filed a suit against the present opposite parties being Suit No.228 of 1971 in the Court of Munsif, Gonda. That suit was decreed by the Court of II Addl. Munsif, Gonda, on 9-12-1972. The reliefs sought for in the plaint and allowed by the court were as follows :-

(a) A decree for permanent injunction to restrain the defendants from closing the drain of the plaintiff shown by letters H I in the plaint and the passage shown by dotted lines in the plaint.

(b) A decree for permanent injunction directing the defendants to remove the foundation which they had, illegally dug over land K L. M and close the door.

(c) A decree for permanent injunction restraining the defendants from interfering with the possession of the plaintiff over the Sahan Darwaza shown by letters AB P N.

(d) Any other relief which the court deem fit and proper.

(e) Costs of this suit,

The suit was decreed as prayed with ex parte costs and the defendants were ordered not to interfere with the possession of the plaintiff over the land in dispute. The decree-holder filed an application for execution of the said decree on











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