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2023 Supreme(All) 666

J. J. MUNIR
Nagar Kshetra Samiti Thru Office Incharge/Chairman – Appellant
Versus
Kanchan Singh – Respondent


Advocates Appeared:
For the Appellant : Kshitij Shailendra, V.M. Zaidi, V.K. Agarwal.
For the Respondent: V.K. Srivastava, Anil Kumar, J.B. Singh, J. Singh, Jeevan Singh, Preet Pal Rathore, V.A. Agarwal, Vinod Kumar Agarwal.

JUDGMENT :

1. This judgment will decide Second Appeal No.108 of 2008 and Second Appeal No.26 of 2020, both of which arise out of the same suit. The Trial Court decided the suit by the same judgment, leading to a single appeal from the original decree by one of the defendants. The judgment and decree passed by the Lower Appellate Court has left both the plaintiffs and the defendants dissatisfied, leading to these two appeals, arising out of the appellate decree.

2. Original Suit No.389 of 1986 was instituted on 14.11.1986 by Kanchan Singh and Man Singh, both sons of Babu Lal in the ex-Court of the Civil Judge, Mathura (now Civil Judge, Senior Division) against seven defendants, shortly to be specified.

3. By the said suit, the plaintiffs sought relief of permanent prohibitory injunction to the effect that the defendants be restrained from interfering with the plaintiffs' title or possession in Khasra No.216, admeasuring -61 decimals, Khewat No.1, situate at Villate Neelkanth, District Mathura, or on the basis of rights created amongst themselves from demolishing (any construction) or digging up a foundation on the said property and constructing anything thereon or interfere with the pl

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