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Karuna Shankar vs Additional District Judge,Court ...

High Court Of Judicature at Allahabad|30 September, 2019

JUDGMENT / ORDER

Appeal is allowed and plaintiffs' suit is decreed with costs throughout. Defendants are directed to deliver possession to the plaintiff over the land in suit shown with letters AQWB in the map paper no.36 C2 which shall form part of the decree, within three months after demolishing the constructions made thereon. In case the defendants fail to do so, plaintiff would be entitled to get possession over the land in suit by demolition of the constructions made thereon on the cost of the defendants."
4. Thus, appellate court has given specific finding as to why decree is being passed with regard to the land shown with the letters AQWB in map no.36 C2. The said finding was never disputed by the revisionist since the year 1978. The court below has rightly relied upon Section 11(5) of CPC. Hence, there is no mistake in the said finding and, thus, application under Section 152 Cr.P.C. has no force. There is no illegality in the judgment and order passed by the court below.
5. The revision is dismissed.
Order Date :- 30.9.2019 Arti/-
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Title

Karuna Shankar vs Additional District Judge,Court ...

Court

High Court Of Judicature at Allahabad

JudgmentDate
30 September, 2019
Judges
  • Vivek Chaudhary