U.C.MAHESHWARI
Mohd. Ashraf – Appellant
Versus
M. P. Housing Board – Respondent
U.C. Maheshwari, J.
1.This order shall govern the question of admission of above mentioned both the appeals, as the same have been arisen out of a common judgment passed by the Appellate Court in two different appeals arising out of a judgment and decree passed by the trial Court in Civil Original Suit No. 25- A/08 filed on behalf of the Appellants.
2. These appeals are directed by the Appellants/Plaintiffs under Section 100 of Code of Code of Civil Procedure being aggrieved by the common judgment and decree dated 21-4-2010 passed by 17th Additional District Judge (FTC), Jabalpur in Civil Regular Appeal No. 44-A/08 filed by the Appellants and Civil Regular Appeal No. 45-A/08 filed on behalf of the Respondent No. 1 and 2 whereby dismissing their Appeal No. 44-A/08, the findings of the judgment and decree dated 22-9-2008 passed by 15th Civil Judge, Class-II, Jabalpur in Civil Original Suit No. 25-A/08 dismissing their suit in part for perpetual injunction with respect of land bearing Survey No. 99/21 (Old No. ) area 0.029 hector (4307.33 Sq. Ft.) situated at village Khairi, Tahsil and District Jabalpur, has been affirmed while allowing the appeal of Respondent No. 1 and 2 me findi
2. Bapulal v. Bhanwarlal 1982 MPWN 173;
4. S.P. Subramanya Shetty v. Karnataka State Road Transport Corporation AIR 1997 SC 2076.;
6. Dev Kunwar Ben Shah v. State of Madhya Pradesh 2005 (4) MPLJ 146;
8. Mohd. Arif v. State of M. P. 1999 (2) MPLJ 585 : 2000 (2) MPHT 467;
11. Prataprai N. Kothari v. John Braganza AIR 1999 SCW 1284;
13. Kamal Singh v. Jairam Singh 1986 (1) MPWN 116
5. Pashu Chikitsa Vibhagiya Sahkari Nirman Samiti Maryadit
7. State of U. P. v. Rajiv Gupta (1994) 5 SCC 686;
10. National Thermal Power Corporation Ltd. v. Mahesh Dutta and Ors. (2009) 8 SCC 339;
12. Gangubai Babiya Chaudhary v. Sitaram Bhalchandra Sukhtankar AIR 1983 SC 742;
3. Bihar v. Dhirendra Kumar : AIR 1995 SC 1955 : 1995 MPLJ (SC) 751
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