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Hemraj & Anr. vs. Urban Improvement Trust & Ors.

54.00 5.40

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Code of Civil Procedure, 1908–Order 39, Rules 1 & 2–Dismissal of application–Appreciation of–Suit for permanent injunction–Specific admission of the plaintiffs in the sale deed executed by them that the remaining 11 biswas land has already been covered/surrendered for the road–Plaintiffs failed to assert the actual location of land and there is a contradiction in their pleadings regarding this fact–Revenue proceedings initiated by the plaintiffs have been decided against them–Trial Court rightly decided the issues of prima facie case, balance of convenience and irreparable injury against the plaintiffs–Interference declined.