DHARAM SINGH AND ORS. Vs. DEENANATH AND ORS.

JUDGEMENT

(1.) The present Misc. Appeal under Order 43 Rule 1 (u) of Code of Civil Procedure against the order dated 12.05.2010 passed by IV Additional District Judge, Bhind in Civil Appeal No. 47/2009 and 48/2009 whereby allowing the appeal order of remand has been passed.

(2.) The plaintiffs respondents No. 1 to 4 herein have filed a civil suit for declaration and permanent injunction and also for closing the door on the land araji No. 202 and for possession of the garbage center. It is being pleaded that the suit property was purchased by registered sale deed dated 20.06.1984 by defendants No. 3 and 4 and thereafter, family settlement has taken place, on the basis of which, they are in possession. It is alleged that they are in possession in disputed property, as after settlement of property share, the same has been marked in the map as Ka, Kha, Sa, Da. It is also argued that the adjacent land is being used by defendants No. 1 and 2 and they are throughing their garbage on the aforesaid land. It is further alleged that the land is being encroached by the defendants No.1 and 2. The proceeding under Section 145 Cr.P.C has been initiated and during the pendency of those proceedings, the defendants No. 1 and 2 have encroached upon the land. Therefore, a civil suit was filed for declaration and for eviction of defendants No. 1 and 2 and for injunction.

(3.) Written statements have been filed by defendants No. 3 and 4 in favour of plaintiffs. The defendants No. 1 and 2 have filed detailed written statements denied the plaint averments. It has been contended that plaintiffs has wrongly ad-measuring the araji No. 202 and 207 and there are adjoining land and in collision with the defendants No. 3 and 4 have wrongly filed a Civil Suit.