This appeal has been filed by the appellant against the judgment and decree dated 13.11.2021 passed by 3rd District Judge, Itarsi in Civil appeal No.29/2013 arising out of judgment and decree dated 13.12.2012 passed by IInd Addl. Judge to the Court of Civil Judge, Class II, Itarsi in Civil Suit No.5A/2012.

2. Brief facts of the case are that plaintiffs/respondents filed a suit for permanent injunction on the ground that plaintiffs are owner and in possession of plot no.1 area 3565 sq.ft. and plot No.3 area 9000 sq.ft. Surajganj Scheme of the Town Improvement Trust was notified and it was to be completed in two stages and stage one was implemented but stage 2 was never implemented and plaintiffs land was never included in the notification for acquisition and no acquisitions proceedings as per law were completed. Defendant intends to take over the possession of plaintiff’s property illegally.

3. Learned senior counsel for the appellant submits that an application under Order 41 Rule 27 of CPC was filed and it was allowed and order dated 17.02.2017 was passed by Honble High Court in W.P.No.17241/2006 was taken on record and from above, i.e. order passed by High Court in paras 16,17