CHANDRASEN Vs. SURENDRA VERMA

JUDGEMENT

(1.) This first appeal under Section 96 of C.P.C. has been filed by the plaintiff-appellant against the judgment and decree dated 26-05-2010 passed by the Additional Civil Judge (Senior Division), Court No. 3, Ghaziabad in Civil Suit No. 2175 of 2008 (Chandrasen vs. Surendra Verma & others).

(2.) We have heard Sri Umakant, learned counsel for the appellant and Sri Anoop Trivedi for the defendant-respondents.

(3.) The brief facts relating to the case are that a civil suit was filed by the plaintiff-appellant for a decree of permanent injunction with the allegations that the suit property was his ancestral property and he is owner in possession over the same which consists two rooms wherein he was residing with family and carrying on dairy business; that there is a tin shed wherein he is keeping his cattle; that the property exclusively belongs to him and none else has any concern with the same; that the property in dispute was recorded in the name of his father in the records of Nagar Nigam and after his death he has become exclusive owner in possession; that the defendant-respondents are trying to forcibly dispossess him from the property in dispute; that the entry of the name of plaintiff's father in the assessment register of the Nagar Nigam was illegally got expunged by the defendant-respondents on 24-06-2009 without any notice or opportunity of hearing to the plaintiff and application filed by him to recall the ex-parte order is pending. It was also pleaded that against the order dated 24-06-2009, he has filed writ petition no. 33699 of 2009 before this Court which is pending.