Rajdeo and Others vs Bahadur and Others

Rakesh Tiwari, J.—Heard learned Counsel for the appellants and perused the record.

The plaintiffs respondent filed Original Suit No. 794 of 1987 for perpetual injunction against the defendants appellant with regard to plot Nos. 812,814 Ka and 814 Kha recorded in their names as bhumidhars which is alleged to be in their possession from before the consolidation proceedings. The suit was contested by the defendants appellant by filing written statement and was dismissed by the trial Court vide judgment and order dated 17.9.1994. Civil Appeal No. 400 of 1994 filed by the plaintiffs respondent was allowed by the lower appellate Court vide judgment and order dated 31.3.2010 decreeing the suit of the plaintiffs respondent.

On consideration of the arguments of learned Counsel for the appellants as well as record and judgments of the courts below, the appeal is admitted on substantial question of law No. B as framed in the memo of appeal.

Issue notices to respondent Nos. 1, 1/1/1 to 1/1/4 and 1/2 to 1/3 indicating that the counter affidavit is to be filed within six weeks. Rejoinder affidavit may be filed within four weeks thereafter.

List thereafter.

In the mean time, the parties are restrained from changing or alienating the nature of the property in suit. The parties are also directed to maintains status quo as on today till further orders of the Court.