FAROOQ Vs. PRAHALAD

JUDGEMENT

(1.) BEING aggrieved by the judgment dated 31-10-2003 passed by VIIth Additional District Judge, Indore in Civil Appeal No. 37/2003 whereby judgment dated 10.4.2003 passed by Civil Judge Class-II, Sanwer in Civil Appeal No. 44-A/2000 whereby suit filed by the appellant was decreed holding that appellant is a Bhumiswami of the suit land and respondents were restrained to interfere into the possession of the appellant was set aside, present appeal has been filed.

(2.) THIS appeal was admitted by this Court vide order dated 17.8.2004 on the following substantial questions of law :-

(3.) AFTER framing of issues and recording of evidence vide judgment dated 10.4.2003 learned trial Court decreed the suit in favour of appellant against which an appeal was filed by the respondent No. 1 which was allowed whereby judgment and decree passed by learned trial Court was set aside holding that the sale deed dated 18.4.1995 is null and void, however, the possession of appellant was protected holding that respondent No. 1 shall not interfere into the possession of appellant till the respondent No. 1 obtains the possession through process of law against, which present appeal has been filed.