RASHIDA KHATOON Vs. SYED MANJAR ALI

JUDGEMENT

(1.) Case is listed for final hearing at motion stage.

(2.) This M.A. Has been filed under Order 43 Rule1 (u) of the Code of Civil Procedure, 1908 against the order dated 20.11. 2012 passed in F.A. No. 23-A/2011 by the 6th Additional District Judge, Gwalior, M.P whereby the case has been remanded back to the trial Court by setting aside the judgment and decree dated 25.04. 2011 passed by 11th Civil Judge Class II M.P. in Civil Suit No. 6-A/2010.

(3.) Learned Trial Court has dismissed the suit by holding that the plaintiff has failed to prove that he is the title holder and having possession over 1/4th part of suit house and it is further not proved that area of disputed house 3590 Square Ft.