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Madhya Pradesh High Court · body

1995 DIGILAW 49 (MP)

Ramgopal v. Krishna Murari

1995-01-10

T.S.DOABIA

body1995
JUDGMENT It may be seen that Ramgopal and Jagdish Prasad are said to have purchased this property from Janaki Prasad and two others. It is stated that Janaki Prasad and two others were related to one Draupadi. It was stated that Draupadi died on 11th December 1983. The trial Court came to the conclusion that there is no valid proof with regard to the death of Draupadi. Whether she died in the civil Hospital or elsewhere was not duly established. The trial Court came to the conclusion that the affidavit of Janaki Prasad and two others from whom the property is said to have been purchased by Ramgopal and Jagdish Prasad was also not produced. Even the affidavit of any person from the locality was not produced. The case of the plaintiff with regard to the possession was also not brought on the record. Taking into consideration of the fact that the trial Court has refused to grant injunction under Order 39 Rule 1 and 2 of the Code of Civil Procedure and this has been affirmed by the appellate Court, I do not find any justification to interfere with the well reasoned order passed by the Court below. This petition is without merit and the same is dismissed.