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2017 Supreme(MP) 1003

SANJAY YADAV
ASHOK KUMAR GOENKA – Appellant
Versus
M. P. GRIH NIRMAN MANDAL – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Ms. Archana Nagariya, learned counsel
For the Respondent: Shri Abhishek Arjaria, learned counsel, Shri Kishore Shrivastava, learned Senior counsel with Shri Kapil Jain, learned counsel

ORDER :

SANJAY YADAV, J.

1. With consent of learned counsel for the parties the matter is finally heard.

2. Orders dated 27.09.2006 and 24.11.2010 are challenged vide this petition under Article 227 of the Constitution of India.

3. Vide order passed on 27.09.2006, the trial Court dismissed the application under Order 39, Rule 2A Code of Civil Procedure, 1908, for initiating action against the respondents. That by order dated 24.11.2010; Appeal preferred by the petitioner has been dismissed.

4. The application under Order 39, Rule 2A CPC was filed by the petitioner, a plaintiff, for alleged disobedience of the order passed on 05.04.2002 and 16.05.2003.

5. These orders emanates from the proceedings in Civil Suit filed by the petitioner for mandatory injunction in respect of immovable property situated at village Bargawan, Patwari Halka No.45/1, NB 29 Tahsil Katni Khasra No.1, 2, 3, 4, 5, 6, 7, 8, 9, 10/1, 10/2, 12, 13, 14, 15 part, 16, 17 and 18 total area 26.90 acres. (The suit has since been dismissed by Judgment and Decree dated 30.08.2011: Civil Suit 68-A/2002).

6. On 05.04.2002 on petitioner's application for urgent hearing of the suit, the matter was taken up by another Court, as the









































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