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2023 Supreme(All) 2072

J. J. MUNIR
Aryavrat Bank Branch, Ramghat Road Road, District Aligarh – Appellant
Versus
Malka Bansal – Respondent


Advocates Appeared:
For the Revisionist : Ramesh Kumar Shukla.
For the Respondents: Ashok Pandey and Akarsh Dwivedi.

JUDGMENT :

J.J. Munir, J.

This revision is directed against an order of Mr. Mohd. Firoz, Civil Judge (Sr. Div.), Aligarh dated August the 22nd, 2022, rejecting the defendant-revisionist' application under Order VII Rule 11 of the Code of Civil Procedure, 1908 (for short, 'the Code') made in Original Suit No. 985 of 2021.

2. The plaintiff-opposite party Nos. 1 and 2, Smt. Malka Bansal and Km. Keshvi Bansa, who shall hereinafter be called 'the plaintiffs' (unless the context requires a different reference), instituted O.S. No. 985 of 2021 in the Court of the Civil Judge (Sr. Div.), Aligarh on 13.12.2021 for the relief of permanent prohibitory injunction.

3. The facts leading to the suit and the plaintiffs' case shortly put is that House No. 2/473, Vishnupuri, Lane next to Sumangalam Nursing Home, Police Station Quarsi, District Aligarh (for short, 'the suit property') was built on a part of land taken on lease by Shiv Prasad Bansal on 6.10.1937. It bore Plot No. 40. Shiv Prasad Bansal died on 20.4.1973. He was survived by his heirs and LRs, to wit, Satyendra Kumar Bansal, Devendra Kumar Bansal and Vipin Kumar Bansal. In a family settlement, the suit property was acknowledged to the share

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