PAHALWAN SINGH Vs. SWAROOP

JUDGEMENT

(1.) In view of listing the case I.A. No. 534/13, respondent's application for early hearing does not require any further consideration, hence the same is hereby disposed of. Appellant's Counsel is heard on the question of admission.

(2.) The appellants/defendants have preferred this appeal under Section 100 of CPC challenging the sustainability of the impugned judgment dated 19-1-2011 passed by the Additional Judge to the Court of 1st Additional District Judge, Sironj in Civil Regular Appeal No. 46-A of 2010 affirming the judgment and decree dated 16-9-2008 passed by the Civil Judge, Class I, Lateri in COS No 5-A/06 whereby the suit of the respondents filed against the appellants for perpetual injunction with respect of the land described in the plaint has been decreed.

(3.) The facts giving rise to this appeal in short are that the respondent Nos. 1 and 2 herein were granted Patta on Government land bearing Survey No. 6/1/8 area 1.000 hector situated at Village Sayeed Nagar by the Competent Authority of the State vide dated 22-5-2002. Pursuant to such Patta the possession of the land was also handed over to the respondent No. 1 on 18-8-2003 and since then they are coming in possession of the same. On creating hindrance by the appellants herein then the impugned suit for perpetual injunction restraining the appellants to interfere in the possession of the respondents with respect of the disputed land was filed.