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2000 Supreme(MP) 1290

DIPAK MISRA
Amanulla Khan – Appellant
Versus
Zaheer Khan – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sanjay Agarwal
For the Respondent: Sanjay S. Agrawal

Invoking the revisional jurisdiction of this Court under section 115 of the Code of Civil Procedure thereinafter referred to as 'the Code') the plaintiff-applicant has called in question the propriety or the order dated 31.8.99 passed by the learned First Civil Judge Class-I, Satna in Civil Suit No. 34-A/98.

The facts as have been unfolded are that the petitioner as plaintiff instituted the aforesaid civil suit (the suit was re-numbered from time to time and the last number being C.S. No. 34-A/98) seeking declaration of right, title and interest over the suit land and for issuance of permanent injunction restraining the defendants from interfering with his possession. The defendants entered contest and filed separate written statements. It is worth noting here that the learned trial Judge passed an under of temporary injunction on 2.12.1992 in favour of the plaintiff. The said order was assailed in Misc. Civil Appeal which was dismissed on 8.10.98. Thereafter, as alleged by the defendants the plaintiff forcibly took over possession on 1.1.99. After this development the defendants filed an application for amendment of the written statement. It was stated in the application for amendm













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