MOHD. RASEED KHAN Vs. NAGAR PALIKA PARSIAHD JHANSI

JUDGEMENT

(1.) This is a plaintiff's appeal arising out of an order of remand passed by the Lower Appellate Court setting aside the decree made in the suit and ordering a fresh trial, upon Issue No.1.

(2.) Original Suit No.194 of 2001 was instituted by Mohd. Raseed Khan against the Nagar Palika Parishad and the Executive Engineer of the said Nagar Palika, arrayed as the two defendants, claiming a permanent prohibitory injunction to the effect that the defendants be restrained from taking possession of and demolishing the existing constructions or otherwise interfering in the plaintiff's peaceful possession of Plot No.1897 (minjumla), the boundaries whereof are set out at the foot of the plaint and situate in Mauza Dadiapura, Andar Sagar Khidki, Jhansi.

(3.) The facts in brief leading to the action are: