High Court of Judicature at Allahabad
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Binda Charan Gupta v. Messrs Bhartiya Udyog & Others - SECOND APPEAL No. 208 of 1980  RD-AH 3648 (16 February 2006)
Hon. Sunil Ambwani, J.
Heard Shri R.S. Mishra learned counsel for the plaintiff appellant in second appeal No.208/80. The connected second appeal No.3543/78 filed by plaintiff appellant against decree of possession has been abated for not bringing an application for the heirs of Shri Binda Charan Gupta on record.
This appeal, as such, survives only for the portion of the order where the relief for mandatory injunction for raising construction was denied to the plaintiff appellant and tenant.
It is contended by Shri R.S. Mishra that the respondents have built commercial complex over the property in dispute but still there is some vacant land on which the possession can be given.
Shri Sharad Malviya fairly states that he has not received instruction from his client and seeks one month further time, to find out if there is any chance of settlement.
List on 27.3.2006 for hearing.
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