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Sirajuddin @ Vajir Miyan vs. Abdul Gaffar & Ors.

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Code of Civil Procedure, 1908–Order 39, Rules 1 & 2–Order of status quo–Both the parties claimed the possession over the property–Plaintiff claimed the property as a burial ground whereas defendants claimed that they are in possession–Who is the true owner and under whose possession the property lies, is a disputed question of facts which can be decided by the evidence of parties–If both the parties are not restrained, it may lead to flaring of tension between the parties–Held, order was rightly passed by the trial Court.