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2023 Supreme(Online)(MP) 19464

HIGH COURT OF MADHYA PRADESH
SMT. SUNITA YADAV, J
SMT. ASHA RAJPAL – Appellant
Versus
SHIVENDRA NATH GUPTA – Respondent


Advocates:
For the Appellants/Petitioners: SHRI HARISH DIXIT
For the Respondents: SHRI K.N. GUPTA, MS. AYUSHI POPLI

Table of Content
1. overview of the background and facts leading to the suit. (Para 1 , 3 , 4)
2. contentions of both parties on the appeal. (Para 5)

JUDGMENT

(Passed on 02/05/2023)

1. This Second appeal under Section 100 of Civil Procedure Code (for brevity, CPC) has been filed by the appellants against the impugned judgment and decree dated Signature Not Verified Signed by: SANJAY

06/03/2012 passed by Court of 10th Additional District Judge, Gwalior in Civil Appeal No. 10-A/2012, whereby, the judgment and decree dated 16/09/2011 passed by the Court of 1st Civil Judge Class-II, District Gwalior in Civil Suit No. 48-A/2011 has been partly reversed (in respect to godown 'B'), by virtue of which, suit had been decreed giving relief of permanent injuction in respect to two godowns marked and shown as 'B' and 'C' in the plaint map. 2. The necessary facts for disposal of the present appeal in short are that suit was filed by the appellant/plaintiffs stating therein that the predecessors of plaintiffs have been inducted as tenants in the shop marked and shown as 'A' in the plaint map. Ever since induction of predecessor of plaintiffs as tenant in the year 1993 they have been involved in busi

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