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2024 Supreme(All) 302

MANISH KUMAR NIGAM
Kushma Devi – Appellant
Versus
Darshan Singh – Respondent


Advocates Appeared:
For the Petitioner: Vidya Dhar Yadav, Vidya Dhar Yadav

JUDGMENT :

1. Heard learned counsel for the parties and perused the record.

2. The instant writ petition has been filed for following relief:

    "I. Issue/Pass an order setting aside Impugned Judgment/Order and Formal Order dated 16.08.2023 and 21.08.2023 passed in civil Revision No.3 of 2021, "Kushma Devi Vs Darshan Singh (Dead) and Others" by Addl. District and Session Judge, Court No.1 Farrukhabad, arising out of order dated 15.01.2021 and Formal Order dated 25.01.2021 passed by Learned Civil Judge (J.D.) Kayamganj; Farrukhabad in O.S. No.225 of 2018, "Darshan Singh (Dead) and Others Vs Jabar Singh and others"

II. Issue/Pass an order allowing Application 32C-2 dated 04.01.2019, of the petitioner field under Order-VII, Rule-11(d) of C.P.C. and to dismiss the above mentioned suit with cost, as is barred by Sec.206 (2) A and Serial No.15 & 16 of second Schedule of U.P. Revenue Code 2006."

3. Brief facts of the case are that the plaintiff-respondent instituted suit for prohibitory injunction being Suit No. 225 of 2018 (Darshan Singh and others Vs. Javar Singh) restraining the defendant-petitioners from interfering with their possession over the land in dispute. The defendant-petitioners fi

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