Court No. - 1 Case :- SECOND APPEAL No. - 745 of 2010 Petitioner :- Rajdeo And Others Respondent :- Bahadur And Others Petitioner Counsel :- Sharda Chauhan,Ramesh Singh Hon'ble Rakesh Tiwari,J.
Heard learned counsel for the appellants and perused the record.
The plaintiffs respondent filed Original Suit No. 794 of 1987 for perpetual
injunction against the defendants appellant with regard to plot nos. 812,814
Ka and 814 Kha recorded in their names as bhumidhars which is alleged to be
in their possession from before the consolidation proceedings. The suit was
contested by the defendants appellant by filing written statement and was
dismissed by the trial Court vide judgment and order dated 17.9.1994. Civil
Appeal No. 400 of 1994 filed by the plaintiffs respondent was allowed by the
lower appellate Court vide judgment and order dated 31.3.2010 decreeing the
suit of the plaintiffs respondent.
On consideration of the arguments of learned counsel for the appellants as
well as record and judgments of the courts below, the appeal is admitted on
substantial question of law no. B as framed in the memo of appeal.
Issue notices to respondent nos.1, 1/1/1 to 1/1/4 and 1/2 to 1/3 indicating that
the counter affidavit is to be filed within six weeks. Rejoinder affidavit may
be filed within four weeks thereafter.
List thereafter.
In the mean time, the parties are restrained from changing or alienating the
nature of the property in suit. The parties are also directed to maintains status
quo as on today till further orders of the Court.
Order Date :- 20.7.2010
CPP/-