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2021 Supreme(All) 1306

Hari Mohan Sharma – Appellant
Versus
Goverdhan Dutta – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Anshul Kumar Singhal.

JUDGMENT :

1. Heard Shri Anshul Kumar Singhal, learned counsel for the petitioner and Shri Shyam Sunder Sharma, learned counsel for the respondents.

2. By means of this petition under Article 227 of the Constitution, the petitioner seeks to set aside the order dated 13.01.2015 passed by the Additional Civil Judge (Senior Division), Mathura in Original Suit No. 173 of 1982 and the connected Original Suit No. 254 of 1982 and also the order dated 13.02.2018 passed by the Additional District Judge, Court No. 8, Mathura in Civil Revision No. 64 of 2015.

3. The controversy involved in the present case arises for the two sets of legal heirs of late Goverdhan Dutt claiming to substitute Goverdhan Dutt in the connected suit proceedings. While Original Suit No. 173 of 1982 was instituted by the present petitioner seeking permanent prohibitory injunction against Goverdhan Dutt, Goverdhan Dutt also instituted a suit being Original Suit No. 254 of 1982 against the present petitioner seeking the relief in the nature of mandatory injunction and a consequential relief for restoration of possession of the suit land. Both the above suits came to be connected for the purposes of adjudication and disposa

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