PRABHA RANI SISODIA Vs. RAJEEV BANSAL

JUDGEMENT

(1.) HAVING heard learned Counsel for the parties on the review application, it transpires that Original Suit No. 13/2003, preferred by Smt. Prabha Rani Sisodia in the Court of Civil Judge (Sr. Div.) seeking prohibitory injunction and the mandatory injunction to recover the possession of a portion of the land ad measuring 30 x 50 ft. (1500 sq. ft.), which is adjacent to the plot owned by the plaintiff ad measuring 50 x 40 ft. (2000 sq. ft.), was dismissed by the Court below because she was not found in the possession of such plot and the mandatory injunction was denied on the premise that the land belonged to some Ganga Saran Tandon, who granted the perpetual lease to Smt. Bhagyawati on 17.2.1965, from whom the land came ultimately in the ownership and possession of respondents no. 4 to 8 by way of 2 -3 subsequent transfers of the said land.

(2.) SINCE Prabha Rani lost in the Trial Court, she preferred First Appeal No. 129/2011 before this Court on 1.11.2011. No interim relief was granted to the appellant either at the time of filing of the appeal or subsequently at the time of its admission on 3.9.2013. So, the appellant moved an urgency application no. 1987/2015. On hearing such application, the entire merits of the controversy was revealed by the learned Counsel for the respective parties and, this Court, after having been stated in the different paragraphs of the impugned judgment dated 27.4.2015, expressed its view that it has not been persuaded to differ from the findings of the Trial Court. So, the appeal was dismissed.

(3.) LEARNED Sr. Counsel on behalf of the review applicant has relied upon a number of precedents, which are as under: