MOHD ASHRAF Vs. M P HOUSING BOARD

JUDGEMENT

(1.) This order shall govern the question of admission of above mentioned both the appeals, as the same have been arisen out of a common judgment passed by the Appellate Court in two different appeals arising out of a judgment and decree passed by the trial Court in Civil Original Suit No. 25- A/08 filed on behalf of the appellants.

(2.) These appeals are directed by the appellants/ plaintiffs under section 100 of Civil Procedure Code being aggrieved by the common judgment and decree dated 21-4-2010 passed by 17th Additional District Judge (FTC), Jabalpur in Civil Regular Appeal No. 44-A/08 filed by the appellants and Civil Regular Appeal No. 45-A/08 filed on behalf of the respondent No. 1 and 2 whereby dismissing their Appeal No. 44-A/08, the findings of the judgment and decree dated 22-9-2008 passed by 15th Civil Judge, Class-II, Jabalpur in Civil Original Suit No. 25-A/08 dismissing their suit in part for perpetual injunction with respect of land bearing Survey No. 99/21 (Old No.) area 0.029 hector (4307.33 Sq. Ft.) situated at village Khairi, Tahsil and District Jabalpur, has been affirmed while allowing the appeal of respondent No. 1 and 2 the findings of such judgment of trial Court whereby the suit of the appellants was decree for perpetual injunction with respect of land bearing Survey No. 99/26 (Old No.) area 0.040 hector (2153.66 Sq. Ft.) situated in the same village has been set aside and accordingly the appellants suit was dismissed in its entirety.

(3.) Hereinafter in this Order the appellants of both the appeals are being said to be plaintiffs while the respondent No. 1 to 3 are being said to be the defendant No. 1 to 3 respectively.