Supreme Court of India
Matadin Surajmal Rajoria (deceased) through Sole Legatee Lalita Satyanarayan Khandelawal v. Ramdwar Mahavir Pande (dead) Thr. Lrs. & Ors.
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From the headnote
Civil Procedure – Appeal – Second Appeal – Suit fil ed for declaration, injunction and possession alleging enc roachment on land by the defendants – Suit dismissed by trial Co urt – Decree affirmed by first appellate court – Second appeal b y plaintiff – On direction of High Court, a surveyor/ Court Commiss ioner was appointed to measure the suit property; and on concl usion of the survey exercise, the first appellate court was ordered by the High Court to certify the findings on encroachment as rec orded by the trial court, in terms of Rule 470 of the Civil Manu al – First Appellate Court
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