Laxmanrao S/O Mahadji Ingole Vs Sau. Reeta W/O Rajendra Biyani and Anr.

Appellant was the original defendant in a suit for permanent injunction before the trial court filed by the respondent no.1. The learned trial court framed the issues, one of which was whether the plaintiff is in possession of the suit field? It was answered in the affirmative and suit came to be decreed. The appellant/ defendant was permanently restrained from disturbing possession of the plaintiff over the suit field. This finding of fact has been affirmed by the District Judge. This Court while admitting the appeal formulated the question of law arose in this appeal which relates to the finding on the issue of possession of the plaintiff over the suit field. In that view of the mater question of granting a relief under Order 41 Rule 5 of the C.P.C. by holding the appellant in possession, does not arise and

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260712cas68.12.odt

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2

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the application needs to be rejected.

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The next prayer of the appellant is that the respondents shall not create any third party interest. The respondents have no objection to this. The oral undertaking that the respondents will not create any third party interest over the suit property is accepted.

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Application stands rejected.

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Hearing of the appeal is expedited.

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JUDGE

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SMP.

Laxmanrao S/O Mahadji Ingole v. Sau. Reeta W/O Rajendra Biyani and Anr.

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Laxmanrao S/O Mahadji Ingole v. Sau. Reeta W/O Rajendra Biyani and Anr.

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