KAILASH NARAYAN Vs. NAGAR PANCHAYAT

JUDGEMENT

(1.) HEARD on the question of admission.

(2.) THIS appeal filed by the plaintiff is directed against the judgment and decree dated 28.03.2005 passed by the 1st Additional District Judge, Datia in Civil Appeal No. 31A/2004 confirming the findings recorded by Civil Judge, Class -I, Bhander in Civil Suit No. 20A/1999 by judgment and decree dated 29.11.04 by which the suit filed by the plaintiff seeking declaration of title on the basis of adverse possession and temporary injunction has been dismissed.

(3.) LEARNED senior counsel Shri Bhardwaj has drawn my attention to Ex -P/1 and Ex -P/2 which are orders passed by this Court in M.A. No. 8/91 and F.A. No. 9/93 whereby the defendant was restrained to dispossess the appellant without following the due process of law. However ignoring these orders refusal of the injunction is not permissible on the point of declaration of title. After arguing for sometime, it is fairly conceded by him that in the fact and circumstances of this case the said relief cannot be granted. However, it is urged that on the point of injunction, this appeal may be admitted for final hearing formulating the substantial question of law.