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1987 Supreme(All) 73

N.N.MITHAL
Ram Bahadur – Appellant
Versus
1st Addl. Civil Judge, Allahabad – Respondent


Advocates appeared:
S.N. Singh, R.N. Singh

JUDGMENT

N. N. Mithal J.

1. The writ petition is listed for admission in which parties have already exchanged counter and rejoinder affidavits and all the relevant facts have been placed on record. Learned counsel for the parties, therefore, suggested that the writ petition may itself be disposed of at this very stage finally. Consequently parties' learned counsel were heard on the merits of the petition also.

2. In this writ petition the order passed by 2nd Addl. Civil Judge, Allahabad dated 18-8-86 has been challenged. By the said order the court has allowed the plaintiff's appeal against rejection of the injunction application by the trial court and the petitioners have been restrained from interfering with her possession over the disputed land.

In order to properly appreciate the controversy it will be relevant to point out that a suit for permanent injunction was filed by the plaintiff on the allegations that she was bhumidhar of the disputed land. The petitioners got a sale deed executed on 6th February, 1965 in respect thereof through impersonation and on its basis got an ex-parte mutation of their names made in the revenue records. The mutation order was challenged by the pl








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