NAND KISHORE SAHU Vs. RAM KISHORE TIWARI

JUDGEMENT

(1.) That, the appellant filed a suit for declaration, permanent injunction and mandatory injunction against the defendants. Shri Sanjay Seth, Advocate for the appellant. Shri Rajinish Pandey, Advocate for the respondent/caveator. Case is listed for admission and hearing on stay application. Respondents are represented by their counsel and the appeal is preferred challenging rejection of the application filed under order 39 Rule 1 and 2 CPC, therefore, looking to the nature of the case, the appeal is heard finally.

(2.) This appeal has been filed against the order dated 2.7.2013 passed in civil suit no. 42-A/13 by learned Additional District Judge, Itarsi, District Hoshangabad (MP).

(3.) The appellant/plaintiff has filed a suit for injunction on the ground that he has purchased suit property bearing a house no. 8 Miyal 10 Chasma admeasuring 70 feet east - west and 22 feet north-south, total area 1540 Sq. feet. The defendants are raising construction by encroaching upon the property of the plaintiff. Therefore, the plaintiff has prayed for temporary injunction.