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1998 DIGILAW 188 (MP)

Ramabhilash Ram v. Krishna Ram

1998-03-01

N.P.SINGH

body1998
JUDGMENT This revision is directed against the order dated 28.11.1994 passed by the First Additional District Judge, Sidhi in Misc. Civil Appeal No. 62 of 1991, whereby he dismissed the appeal affirming the interim injunction granted by the trial Court. There is concurrent findings of the Courts below that the non-applicants/plaintiffs are in possession of the suit land. Admittedly the land in dispute is ancestral property of the non-applicants. The applicant/defendant has not been able to substantiate that he is continuing to be in possession of the suit property as a mortgagee. In view of the consistent findings of the Courts below I do not find any reason to interfere with the impugned order. There is no merit in this petition. It is dismissed accordingly. The trial Court is however, directed to dispose of the case expeditiously preferably within six months.