DILIP MEHTA Vs. DECD. MANAKCHAND THROUGH LRS. MOTILAL

JUDGEMENT

(1.) Invoking jurisdiction of this Court under Sec. 96 of CPC, the appellant / plaintiff has filed this first appeal calling in question the validity, legality, propriety and correctness of the judgment and decree dtd. 31/8/2017 passed by VII Additional District Judge, Indore (M.P.) in Civil Suit No.76-A/2012 (old suit No.51-A/2008) dismissing the appellant's / plaintiff's suit filed for declaration and permanent injunction.

(2.) The necessary facts and legal contentions urged on behalf of the parties are stated herein with a view to find out as to whether the impugned judgment and decree in dismissing the relief of declaration and permanent injunction of suit schedule property requires to be examined by following this appeal.

(3.) In this judgment for the sake of brevity, I would like to refer to the ranking of the parties as assigned in the plaint presented before the Court. Since there is congruence in mentioning exhibits in judgment of the trial Court, I will refer to the documents as per annexures presented along with this appeal.