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2018 Supreme(All) 880

SIDDHARTH
MURTI SHIVJI MAHARAJ BIRAJMAN ASTHAL MOHALLA – Appellant
Versus
MATHURA DAS CHELA NAVAL DAS BAIRAGI – Respondent


Advocates:
Counsel :
Virendra Kumar for the Appellants; Pankaj Agarwal for the Respondents.

JUDGMENT

Order on Civil Misc. Application No. 71362 of 2015

Order on Civil Misc. Application No. 60315 of 1998

Order on Civil Misc. Application No. 77972 of 2007

Hon’ble Siddharth, J.—Learned counsel for the parties state that they do not want to press these applications and have requested that appeal may be finally heard.

2. In view of the statement of the learned counsel for the parties the above noted applications are dismissed as not pressed.

Order on Appeal

Heard Sri Virendra Kumar, learned counsel for the appellant and Sri Anuj Agarwal holding brief of Sri Pankaj Agarwal, learned counsel for the respondents.

2. This is plaintiffs’ second appeal against the judgement and decree dated 31.3.1998 passed by Shri V.K. Jain, IInd Additional District Judge, Saharanpur in First Appeal No. 225 of 1978 (Umesh Das and others v. Murti Shivji Maharaj and others) decreeing the original Suit No. 5 of 1972 which was partly decreed by judgement and decree dated 7.4.1998 by Shri Gangu Ram, Civil Judge, Saharanpur.

3. Plaintiffs instituted the suit for declaration that plaintiff Nos. 1 and 2 are owners of the property mentioned in Schedule ‘Aa’, ‘Ba’ and ‘Ja’ detailed at the foot of the plaint an























































































































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