MURLIDHAR Vs. RAMLAL

JUDGEMENT

(1.) This second appeal preferred by the appellant/plaintiff (now his Lrs.) was admitted for hearing on 26/08/2020 on the following two substantial questions of law :"

(2.) The sole plaintiff-Murlidhar initially filed a suit for permanent injunction for restraining defendants from interfering with his possession in the suit property shown in Schedule 'A' appended with the plaint. Thereafter, during the pendency of the suit, by way of amendment in the plaint, he also inserted the relief of restoration of possession with respect to the suit property shown in Schedule 'B' appended with the plaint.

(3.) It is admitted position on record that plaintiff as well as defendants No. 1 to 3, all are descendants of same ancestors and the suit property has already been partitioned between the ancestors of plaintiff and defendants. The suit property was subjected to proceedings under Section 145 of CrPC at the instance of defendants No. 1 to 3 and ultimately, final order was passed by the Additional Session Judge, Raigarh.