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2018 Supreme(All) 153

MANOJ MISRA
RAM NARAYAN – Appellant
Versus
ADDITIONAL DISTRICT JUDGE CT. NO. 8 – Respondent


Advocates Appeared:
S.K. Singh and Praveen Kumar for the Petitioner; A.T. Kulshrestha for the Respondents.

JUDGMENT

Hon’ble Manoj Misra, J.—List has been revised. Learned counsel for the petitioner is present. Though the name of Sri A.T. Kulshrestha who appears for the private respondents is shown in the cause list but he has not appeared even in the revised call. Even no counter-affidavit has been filed despite opportunity given vide order dated 22.5.2013.

2. Heard learned counsel for the petitioner and perused the record.

3. The present petition has been filed assailing the orders dated 20th July, 2012 and 29th March, 2013, passed by Civil Judge (Jr. Div.) Kairana, district Prabudh Nagar (Shamli) and Additional District Judge, Court No. 8, district Muzaffar Nagar, respectively.

4. The facts of the case as could be elicited from the petition are as follows. The predecessor-in-interest of the petitioner, namely, Khila, instituted suit No. 255 of 1987 for possession against respondent No. 2 and others, who are represented by their heirs and legal representatives. The defendants of that suit instituted suit No. 177 of 1988 for injunction. Both suits were consolidated. Thereafter, suit No. 255 of 1987 was dismissed and suit No. 177 of 1988 was decreed by the trial Court against which two ci













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