FIRST APPEAL No. 623 of 2019 at Allahabad

A.F.R. Judgment Reserved on- 22.09.2025 Judgment Delivered on-18.11.2025 Neutral Citation No. - 2025:AHC:205116 Court No. - 38 Case :- FIRST APPEAL No. - 623 of 2019 Appellant :- Subodh Kumar Agarwal Respondent :-Sri Manoj Kumar Agarwal Counsel for Appellant :- Anil Kumar Pandey, Arvind Srivastava Counsel for Respondent :- Chhaya Gupta, Sujeet Kumar, Udayan Nandan Hon'ble Sandeep Jain, J. 1. The instant appeal under section 96 of the CPC has been preferred by the defendant in O.S. no. 1213 of 2014 Manoj Kumar Agarwal versus Subodh Kumar Agarwal against judgment and decree dated 1.7.2019 passed by the court of Additional Judge Small Causes Court, Agra, whereby plaintiff 's suit for the relief of mandatory injunction has been partially decreed. Plaint Case 2. The plaintiff-respondent Manoj Kumar Agarwal filed O.S.no.1213 of 2014 with the averments that he was the owner of the entire property No. 25/161, Santosh Bhawan, Gandhinagar, By-pass road, Agra by virtue of the registered gift deeds dated 6.7.2009 and 9.5.2014 executed by his mother Smt. Santosh Kumari, in his favour. He further submitted that much before execution of the above registered gift deeds, the defendant had been occu