1. ADMIT.
Shri Majmudar, learned advocate waives service of notice of admission on behalf of the respondent.
2. The following substantial questions of law arise for determination of this Court in the present Second Appeal
(i) as the original plaintiff instituted the suit to protect his possession of the suit property whether the learned trial Court was justified in granting mandatory injunction in the suit in which there was no prayer for declaration that he is the owner of the disputed suit property in question?
(ii) Whether in the facts and circumstances of the case, the learned trial Court was justified in granting the mandatory injunction when there is no issue framed that the original plaintiff is the owner of the suit property in question?
(iii) Whether in the facts and circumstances of the case, the impugned judgment and decree passed by the learned trial Court, which is only in four pages is sustainable?
(M.R.
SHAH, J.) siji Top