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2014 Supreme(All) 2703

VINOD PRASAD
Om Prakash – Appellant
Versus
Chand – Respondent


Advocates Appeared:
For the Appellants : P.K. Singh, Ram Pandey and P.D. Kaushik.
For the Respondents: G.N. Verma and Madhur Prakash.

JUDGMENT

Vinod Prasad,J.

This second appeal by appellants/ defendants arises out of judgement and decree dated 19.4 82 passed by Additional Civil Judge , Mathura in Civil Appeal No. 16 of 80, Misri Lal (since dead) and another versus Om Prakash and others, arising out of judgement and decree dated 15.12.79 passed by VIII Additional Munsif, Mathura on O.S.No. 393 of 1974, Misri Lal and another versus Om Prakash and others. By the impugned judgement and decree lower appellate court has partly allowed plaintiff's suit for possession but has dismissed it for permanent prohibitary injunction, which decree of possession has now been challenged in this second appeal by the appellants/ defendants.

2. Plaintiffs Misri lal and Onkar Singh filed O.S.No. 393 of 1974, Misri Lal and another versus Om Prakash and others before VIII Additional Munsif , Mathura for possession over suit property depicted by letters A,B,C,D in the map and for prohibitary injunction restraining appellants/ defendants, Om Prakash, Dina, Gopi, Damodar, and Jagdish from raising any construction and changing the nature of the said property. Plaintiff's case was that under a "Izzazatnama" he had taken 250 Sq.Yards of land, a
































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