RAMESH CHANDRA Vs. STATE OF M P

JUDGEMENT

(1.) HEARD on the question of admission.

(2.) THE instant appeal by appellants/plaintiffs under Section 100 of C.P.C. is directed against the concurring judgment and decree dated 8/8/2005 passed by First Additional District Judge, Gwalior to the Court of Special Judge (Atrocities) and First ADJ, Gwalior (M.P.) in Civil Appeal No.13 -A/2004; confirming the judgment and decree dated 30/9/2003 passed by 9th Civil Judge, Class -I, Gwalior in Civil Suit No. 149 -A/1998. By the aforesaid judgment, the plaintiff's suit for declaration and permanent injunction has been dismissed.

(3.) FACTS shorn of necessary details are to the effect that original plaintiff Smt. Prago Bai filed a suit for decoration and permanent injunction inter alia contending that the suit land ad -measuring 3 bigha 3 biswa falling in survey No. 341, styling the same as ancestral property, is to be owned and possesses by her, who with the passage of time expired and present appellants were substituted for her as her legal heirs. Defendants filed written statement and denied the plaint allegations.