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2021 Supreme(All) 443

VIVEK VARMA
Prahlad – Appellant
Versus
Hameedan – Respondent


Advocates Appeared:
For the Appellant : Kshitij Shailendra.
For the Respondent: Anay Kumar Srivastava.

JUDGMENT :

1. Heard Sri Kshitij Shailendra, learned counsel for the appellants, and Sri Anay Kumar Srivastava, learned counsel for the caveator-respondent. With the consent of learned counsel appearing for the parties, the present appeal is being decided at this stage itself in terms of the Rules of the Court.

2. The present second appeal has been filed challenging the judgment, order and decree dated 21.11.2020 passed by the Additional District & Sessions Judge/ Special Judge (SC/ST Act), Baghpat in Civil Appeal No.6 of 2019 (Prahlad and others v. Smt. Hameedan and others), and the judgment, order and decree dated 03.12.2018 passed by the Civil Judge, Junior Division-Ist, Baghpat in Original Suit No. 143 of 2005 (Smt. Hameedan and another v. Prahlad and others).

3. The plaintiff-respondent no. 1 instituted a civil suit for permanent prohibitory injunction against the defendants-appellants. The case of the plaintiff-respondent was that the land in dispute had been allotted to her by Gaon Sabha on 12.06.1969, over which she had constructed a Gher and that, the defendants, having no concern with the property, were causing interference in her possession.

4. The trial Court vide judgment a

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