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2022 Supreme(MP) 341

ARUN KUMAR SHARMA
Kanhaiya Singh Shakya – Appellant
Versus
Lakshmi Bai (Deceased) Through LRs. Smt. Prem Bai – Respondent


Advocates:
Samdarshi Tiwari for petitioners; Dayaram Vishwakarma for respondents No. 1 to 4; Brajendra Kushwaha, Panel Lawyer for respondent/State.

ORDER

1. This petition under Article 227 of the Constitution of India has been filed challenging the orders dated 1.4.2022 and 18.2.2021 (Annexures-P/17 and P/15 respectively) passed by the Courts below.

2. By the order impugned dated 18.2.2021 (Annexure-P/15), the application under Order 39 Rule 1 and 2 of the Code of Civil Procedure filed by the plaintiffs/petitioners before the trial Court seeking injunction, has been rejected. Thereafter, challenging the said order, an appeal was preferred before the appellate Court and by the order impugned dated 1.4.2022 (Annexure-P/17), the appellate Court has affirmed the order of the trial Court and dismissed the appeal saying that the plaintiffs failed to prove the required ingredients and also their possession over the land for which injunction is being sought.

3. The facts of the case reveal that the petitioners before this Court, who are the plaintiffs before the trial court, have filed a civil suit in the Court of 7th Civil Judge Class-2, Bhopal against the respondents / defendants, seeking a decree of declaration of title in respect to 6.67 acres of land out of 18.66 acres situated at Prabhat Petrol Pump Square in front of Hotel Silver

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