BRIJ KISHOR Vs. RAJESH KUMAR GUPTA

JUDGEMENT

(1.) Heard Sri V.S. Kushwaha, learned Counsel for the appellant and Sri Shashwat Shukla holding brief of Shri Kaushlesh Tripathi, learned Counsel for the defendant- respondents.

(2.) This is defendants' second appeal against the judgement and decree dated 25.9.2007 passed by Shri R.K. Mishra, Additional District Judge, Court No.-2, Banda, in Civil Appeal No. 52 of 2006 dismissing the appeal of the defendants and affirming the judgement and decree dated 27.7.2006 passed by Shri Jagdish Kumar, Civil Judge (S.D.), Banda in Original Suit No. 258 of 2001.

(3.) The plaintiff instituted an original suit praying for decree of mandatory injunction aginst the defendant for removing their constructions over plot no. 1489, area 2 Bigha, 3 Biswa, 10 Biswansi situated in village Bhawanipurwa Z area Pargana and Tehasil Banda.