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2018 Supreme(All) 2232

SURYA PRAKASH KESARWANI
Kaloo Singh – Appellant
Versus
Raghunath Singh – Respondent


Advocates Appeared:
For the Appellant : Manish Dev, Kripa Shanker Yadav
For the Respondent: Surendra Prasad Mishra.

JUDGMENT :

1. Heard Sri Manish Dev, learned counsel for the plaintiffs-appellants and Sri Surendra Prasad Mishra, learned counsel for the defendants-respondents.

2. This is plaintiff's appeal. The Original Suit No.276 of 2011(Kalu Singh and others v. Raghunath Singh and others) was filed by the plaintiffs-appellants for permanent injunction against the defendants-respondents with respect to land of Khasra Plot No.2466-M, area 0.543 hectares situate at Amroha Ander Chungi Thok Ali Mohammad Khan, Tehsil Amroha, district J.P. Nagar. The said suit was decreed by the court of First Civil Judge (Junior Division), Amroha by judgment dated 31.7.2018.

3. Aggrieved with this judgment, the defendants-respondents filed first appeal being Civil Appeal No.94 of 2017 (Raghunath Singh and others v. Kalu Singh and others), which has been allowed by the impugned judgment dated 31.7.2018 passed by the District Judge, Amroha, whereby the judgment and decree passed by the trial court, has been set aside and the suit has been dismissed.

4. Aggrieved with the judgment of the First Appellate Court, the plaintiffs-appellants have filed the present appeal.

SUBMISSIONS:

5. Learned counsel for the plaintiffs-appell
































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