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2016 Supreme(All) 2290

RAM SURAT RAM (MAURYA)
Shamiullah – Appellant
Versus
Madan Gopal – Respondent


Advocates Appeared:
For the Petitioner: Javed Husain Khan, Gulrez Khan.

JUDGMENT

Ram Surat Ram (Maurya),J.

Heard Sri Gulrez Khan for the petitioners.

2. This petition has been filed under Article 227 against the order of Civil Judge (Jr. Division) dated 14.5.2013 and Additional District Judge dated 19.2.2016.

3. By the impugned order application under Order 39 Rule 2 A CPC filed by the petitioners has been dismissed.

4. The petitioners filed a suit for permanent injunction restraining defendant from raising any construction and interfering in their possession over the land in dispute. In this suit an interim order was granted to the petitioners on 22.5.1984. It is alleged that the suit was decreed by the trial court on 3.1.2003. However, the decree of the trail court was reversed by the appellate court in civil appeal and second appeal filed by the petitioners is pending before this Court. In the meantime, on the allegation that in violation of interim order the defendant has raised construction over the disputed land, the petitioners filed an application before the trial court for taking action against the defendant under Order 39, Rule 2 CPC. The trial court after hearing the parties found that Shamiullah, PW-1 in his statement has admitted that before fi




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