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2013 Supreme(All) 479

SUDHIR AGARWAL
U. P. GANDHI SMARAK NIDHI – Appellant
Versus
AZIZ MIAN – Respondent


Advocates:
Counsel :
H.R. Mishra, U.S.M. Tripathi, Rankaj Kumar Rai and Shambhavi Nandan for the Appellant; Shashi Nandan, Durga Tiwari, R.K. Srivastava for the Respondents.

JUDGMENT

Hon’ble Sudhir Agarwal, J.—Heard Sri H.R. Mishra, learned Senior Advocate assisted by Sri Shyambhavi Nandan, Advocate for appellants and Smt. Durga Tiwari, Advocate for respondents.

2. All these appeals involve common substantial questions of law having arisen from a common judgment dated 23.12.1981 passed by Civil Judge, Deoria deciding Civil Appeals No. 43 of 1969, 44 of 1969, 45 of 1969, 46 of 1969, 47 of 1969, 48 of 1969, 49 of 1969, 51 of 1969, 53 of 1969, 62 of 1969 and 64 of 1969, hence, as agreed by learned counsels of the parties, have been heard together and are being decided by this common judgment.

3. Against the judgment impugned in these appeals Second Appeal No. 979 of 1982 has already been decided vide order dated 17.10.2012 on the basis of a compromise between the parties and, therefore, this Court is not concerned with that. This judgment shall not affect the aforesaid matter in any manner.

4. The plaintiff-appellant (hereinafter referred to as the “appellant”), U.P. Gandhi Smarak Nidhi instituted suits against defendants-respondents (hereinafter referred to as the “defendants”) seeking removal of constructions raised by them on the ground that same is una












































































































































































































































































































































































































































































































































































































































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