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2021 Supreme(MP) 72

ANJULI PALO
Jawahar Agrawal – Appellant
Versus
Manish Agrawal – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Ayush Choubey, Advocate
For the Respondents:Koushtubh Jha, Advocate and Seema Jaiswal, Panel Lawyer

ORDER :

Anjuli Palo, J.

1. This appeal has been preferred by the appellants/defendants being aggrieved by the judgment and decree dated 05.02.2019 passed by learned 3rd Additional District Judge, Betul in C.A. No. 116/2017 arising out of the judgment and decree dated 14.11.2017 passed by learned 1st C.J.-I, Betul in C.S. No. 500004-A/2016 whereby the lower Appellate Court partly allowed the appeal filed by the plaintiffs (respondents) and dismissed the cross objection preferred by the appellants 1 and 2 (defendants 1 and 2). The lower Appellate Court held that that the plaintiffs/respondents are in legal possession of the plot admeasuring 2400 square feet and the house constructed in first floor of the aforesaid plot as well as a plot on east side adjacent to the aforesaid plot admeasuring 3200 square feet situated on the east of the aforesaid plot. The lower Appellate Court also granted permanent injunction in favour of the plaintiff restraining the defendants 1 and 2 from dispossessing the plaintiffs/respondents from the aforesaid property without proper course of law.

2. It is not in dispute that the plaintiff No. 1 is husband of the plaintiff No. 2. The defendants 1 and 2 are fath

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