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2011 Supreme(All) 262

S.U.KHAN
SOM NATH – Appellant
Versus
VITH A. D. J. BAREILLY – Respondent


Advocates:
Counsel :
K.D. Tripathi, Pankaj Naqvi and R.K. Saraswat for the Petitioners; S.C. for the Respondents.

JUDGMENT

Hon’ble S.U. Khan, J.—The order which was passed on the date on which judgment was reserved, i.e. 1.11.2010 is quoted below:

“Sri K.D. Tripathi, learned counsel has filed vakalatnama on behalf of petitioner. No one has appeared on behalf of contesting respondents.

Heard learned counsel for the petitioner, who has solely placed reliance upon Article 135 of the Schedule to the Limitation Act.”

2. Respondent No. 3, Smt. Katori Devi instituted O.S. No. 629 of 1967 against Hori Lal, predecessor-in-interest of petitioners in the Court of Munsif, City, Bareilly. The suit was decreed by Additional Civil Judge, Bareilly on 7.1.1972. Copy of the said judgment is Annexure-II to the writ petition. Findings on issue No. 5 (last para before order) and the order are quoted below:

Issue No. 5.—The net result is that the plaintiff is entitled to a decree for (No. 1) removal the wall E X built by the defendant, and for possession over the site of the old wall, (2) Rs.200/- as consists of the original wall demolished by the defendant, (3) perpetual injunction restraining the defendant from interfering with the plaintiff’s possession over the same, and (4) removal of constructions etc. made by

















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