SHIVNARAYAN Vs. ANJUMAN ISLAHUL MUSALMIN & OTHERS

JUDGEMENT

(1.) The review petitioner has filed the present review petition being aggrieved by judgment dated 25.06.2018 passed in Second Appeal No. 328 of 2016. By the aforesaid order, second appeal has been dismissed as this Court did not find any substantial question of law involved in the second appeal.

(2.) The Respondent No. 1/plaintiff filed the suit for eviction against the petitioner and the Respondent Nos.2 to 11. According to the plaintiff, Shop No. 11 was given to the father of the review petitioner who used to run the workshop therein. After the death all the legal heirs of Late Bhagirath Verma became the tenant. It has been alleged that in addition to the said Shop No. 11, the review petitioner had also encroached upon 14 x 18 sq.ft. of area adjacent to the said shop. However, apart from review petitioner other legal heirs have handed over possession to the plaintiff but the present review petitioner contested the suit in order to protect his possession over the encroached area i.e. 14 x 18 sq.ft.

(3.) The Civil Judge had decreed the suit and thereafter the first appeal had also been dismissed. The second appeal was filed along with an application under Order 41, Rule 27 of the CPC for taking the order dated 09.03.2016 passed by the M. P. Waqf Tribunal, Bhopal in Case No. 90/2010 on record.