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2024 Supreme(All) 46

MANISH KUMAR NIGAM
Meera Awasthi – Appellant
Versus
Ajeet Awasthi – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Anand Kumar Srivastava,Anand Kumar Srivastava

JUDGMENT :

Manish Kumar Nigam,J.

1. Heard Sri Anand Kumar Srivastava, learned counsel for the petitioners and perused the record.

2. Present petition has been filed challenging the order dated 31.10.2023 passed by the Additional District Judge, Court No. 8, Kanpur Nagar allowing the Misc. Civil Appeal No. 81 of 2023 (Ajeet Awasthi v. Meera Awasti and others).

3. The facts of the case in brief are that the plaintiff/respondent no. 1 Ajeet instituted Original Suit No. 816 of 2020 (Ajeet Awasthi v. Meera Awasthi and others) in the court of Civil Judge (Senior Division), Kanpur Nagar for the relief of permanent injunction restraining the defendants, their servants, agents, employees, representatives, family members from interfering in the peaceful possession and enjoyment of the plaintiff over the house in dispute (House No. N 638, S Block, Yashoda Nagar, Kanpur Nagar). The case set up by the plaintiff/respondent no. 1 in the plaint in brief is that the plaintiff purchased the land out of his own income in the name of his mother namely Meera Awasthi and thereafter constructed a house from his own funds being House No. N 638, S Block, Yashoda Nagar, Kanpur Nagar and is living along with all

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