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2021 Supreme(All) 959

VIKAS BUDHWAR
Naval Singh – Appellant
Versus
Radha Dixit – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Capt Seema Singh, Vinay Kumar Singh

JUDGMENT :

1. This is a second appeal purported to be under Section 100 of Code of Civil Procedure, 1908 challenging the validity and the legality of the judgment, order and decree dated 17.1.2019 passed by the Court of IVth Addl. District Judge, Agra in Civil Appeal No. 47 of 2018, Naval Singh vs. Smt. Radha Dixit, as well as the judgment, order and decree dated 25.2.2017 passed by the Court of Small Causes/Civil Judge, Agra in Original Suit no. 526 of 2010, Naval Singh vs. Smt. Radha Dixit.

2. Briefly stated, facts shorn of unnecessary details are that plaintiff-appellant as per the averments contained in the plaint in Original Suit No. 526 of 2010 instituted before the Court of Civil Judge (Senior Division), Agra being Naval Singh Vs. Smt. Radha Dixit had claimed himself to be the absolute owner and in actual physical possession of demised property being Khasra no. 688 and 672, Rakba 0.023 hect, situate at Sikri (2 hissa), Tehsil Kirawali, district Agra.

3. According to the plaintiff-appellant, the defendant respondent being Smt. Radha Dixit wife of Sri Shanti Swaroop is residing just in front of the plaintiff-appellant. As per the case set up in the plaint, the plaintiff-appellant

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