SAHDEV AND ORS. Vs. RAM MEHAR AND ORS.

JUDGEMENT

(1.) These are applications under Sec. 151 CPC seeking condonation of delay in refiling the appeal.

(2.) Learned counsel appearing on behalf of the appellants submits that the suit for permanent injunction with consequential relief of declaration setting aside of the rapat roznamcha dated 1.9.2008 had been filed. However, both the courts below have erroneously declined the relief of permanent injunction on the premise that no injunction against the co -sharer is maintainable as the plaintiff has not been able to prove exclusive possession whereas granted mandatory injunction qua setting aside of the rapat roznamcha by giving liberty to the parties to seek partition.

(3.) Learned counsel appearing on behalf of the appellants -defendants submits in RSA No. 5586 of 2014 submits that declaration/mandatory injunction for setting aside rapat roznamcha dated 1.9.2008 could not be granted as the plaintiffs failed to prove illegality, much less perversity for effecting the aforementioned rapat roznamcha, thus substantial question of law arise for determination by this Court.