MANIRAM Vs. NANU

JUDGEMENT

(1.) HEARD on the question of admission.

(2.) THIS appeal filed by the plaintiff is directed against the judgment and decree dated 30.09.2003 passed by 4th Additional district Judge, (Fast Track) Dabra, District -Gwalior in Civil Regular Appeal No. 12 -A/2003 whereby the judgment and decree dated 24.01.2000 passed by 2nd Civil Judge, Class II, Dabra in Civil Suit no. 26 -A/1987 has been affirmed dismissing the suit of plaintiff seeking permanent injunction.

(3.) DEFENDANT Municipal Council has filed the Written Statement contending that the suit property does not belong to the predecessor Kallu but infact it is a Najool land. The encroachment made by the plaintiff has rightly been removed. However, the injunction should not be granted.