LAWS(RAJ)-2015-11-194

LATE SHRI GOPAL LAL S/O SHRI RAMESHWAR LAL THROUGH HIS LRS. & ORS. Vs. MADAN S/O SHRI DHANNAJI (SINCE DECEASED) THROUGH HIS LRS.

Decided On November 24, 2015
LATE SHRI GOPAL LAL S/O SHRI RAMESHWAR LAL THROUGH HIS LRS. And ORS. Appellant
V/S
MADAN S/O SHRI DHANNAJI (SINCE DECEASED) THROUGH HIS LRS. Respondents

JUDGEMENT

(1.) The present second appeal under Section 100 CPC has been filed by the defendants-appellants-legal representatives of Late Shri Gopal Lal s/o Shri Rameshwar Lal and his brother, Bhagwan Lal, who is now represented by his legal representatives, against Shri Moda s/o Shri Dhanna Dhakad, against the decree of possession and injunction in favour of the plaintiffs-respondents concurrently given by the learned courts below.

(2.) The learned trial court of the Munsif & Judicial Magistrate, Bijolia by the order dated 05.05.1983 decreed Suit No.28/80 (4/77) - Moda v. Gopal Lal in favour of the plaintiff-respondent, with the following findings:- ...[VERNACULAR TEXT OMITTED]...

(3.) The learned appellate court of the District Judge, Bhilwara on 16.08.1989 dismissed Appeal No.55/83 - Gopal Lal & Anr. v. Moda filed by the defendants-appellants and upheld by the findings of the learned trial court in the following manner:- ...[VERNACULAR TEXT OMITTED]...