Kumar Mamgai vs Issue Notice To The
2021 Latest Caselaw 2560 UK

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                                  SA No. 46 of 2021

                                  Hon'ble N.S.Dhanik, J.

Mr. B.D.Pande, learned counsel for the appellant.

This Second Appeal is directed against the judgment and decree dated 23.03.2021, passed by learned Additional District Judge, Tehri Garhwal, New Tehri, in Civil Appeal No. 06 of 2019, Manoj Kumar Mamgai vs. Bhupesh Kothari and others, whereby the appeal filed by the appellant has been dismissed against the judgment and order dated 15.11.2019, passed by Court of Civil Judge (J.D.), New Delhi in Original Suit No. 10 of 2017, Manoj Kumar Mamgai vs. Bhupesh Kothari and others.

Heard.

Admit the Second Appeal on the following substantial questions of law:

"(i) Whether in a suit for mandatory and prohibitory injunction seeking demolition over the property of the true owner and restraining a trespasser on the property of true owner the plaintiff is required to prove his possession?

(ii) Whether learned Courts below failed to appreciate that the plaintiff has absolute ownership of the suit property and having been owner of the same is entitled for the relief of injunction?

(iii) Whether the learned Appellate Court ignored the provisions of Order 41 Rule XXXI error in failing to consider all the issues and evidence while disposing of the First Appeal?"

Issue notice to the respondents. Steps be taken within seven days. List after notice is served to the respondents.

Summon the lower court record.

(N. S. Dhanik, J.) 23.07.2021

Kaushal