DWIJA DALPATI AND ORS. Vs. KALAKANHU PATEL

JUDGEMENT

(1.) This matter arises out of an order passed by the lower Appellate Court in rejecting an application under Order 41 Rule 25 of C.P.C. at the instance of the plaintiffs.

(2.) The undisputed facts remain that the plaintiff filed the suit bearing T.S. No. 68 of 1986 claiming the following relief (a) declaration of the possessory title of the plaintiff over the suit lands (b) Confirmation of plaintiffs possession over the suit lands; (c) Costs of the suit and (c) Any other relief which the court will deem fit and proper.

(3.) Considering the rival contentions of the parties, the lower appellate Court by the impugned order rejected the application at the instance of the plaintiff and directed for decision in the appeal on the available evidence.