LAWS(MPH)-2024-5-86

RAMKRAPAL AWASTHI Vs. SADHURAM AWASTHY

Decided On May 14, 2024
Ramkrapal Awasthi Appellant
V/S
Sadhuram Awasthy Respondents

JUDGEMENT

(1.) This second appeal by the appellants/plaintiffs under Sec. 100 of the Code of Civil Procedure against impugned judgment and decree dtd. 13/11/2021 passed by Additional District Judge, Nowgong, District Chhattarpur in Regular Civil Appeal No.40-A/2011 [Ramkripak (sinced deceased through LRs. Vs. Sadhuram and others] whereby the appeal preferred by the appellants has been dismissed and judgment and decree dtd. 30/7/2010 passed by the Second Civil Judge Class-II, Nowgong, District Chhatarpur in Civil Suit No.18-A/2009 [Ramkripak (sinced deceased through LRs. Vs. Sadhuram and others] dismissing the suit of appellants has been affirmed.

(2.) The appellants/plaintiffs filed civil suit against defendants seeking relief of declaration of title in respect of suit property bearing Survey No.1363, area 0.405 Are situated in village Naiguwan, Tahsil Nowgong, District Chhatarpur and for prohibiting the defendants No.1 and 2 to interfere with the possession of the appellants/plaintiffs and for permanent injunction to the effect that defendants shall not transfer the suit property.

(3.) The learned trial Court rejected the civil suit of the appellants/plaintiffs and on an appeal preferred by them before the first appellate Court the same has been dismissed vide impugned judgment and decree.