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2023 Supreme(SC) 84

B. R. GAVAI, C. T. RAVIKUMAR
Baini Prasad (D) Thr. LRs. – Appellant
Versus
Durga Devi – Respondent


Advocates appeared:
For the Appellant(s) : Mr. S.J. Amith, Adv. Ms. Vidushi Garg, Adv. Mr. Aniruddha Purushotham, Adv. Dr. (Mrs. ) Vipin Gupta, AOR
For the Respondent(s): Mr. Rajesh Srivastava, AOR Mr. Gaurav Verma, Adv.

JUDGMENT

C.T. Ravikumar, J.

1. The respondent in R.S.A. No.276 of 1996 who was the defendant in Civil Suit No. 70 of 1988 on the file of Subordinate Judge’s Court, Kullu in Himachal Pradesh, is the original appellant in these appeals by special leave. Subsequent to his death the legal heirs got themselves impleaded as appellants 1(a) to 1(g). The former appeal is directed against the judgment and final order in R.S.A. No.276 of 1996 dated 27.12.2007 and the later appeal is directed against the order dated 27.03.2008 in Civil Review Petition No.4 of 2008, in the said Second Appeal, passed by the High Court of Himachal Pradesh at Shimla. The respondent herein (plaintiff) filed Civil Suit No.70 of 1988 for possession of land measuring 11 Biswancies comprised in Khasra No. 994/1-A/1 as per Talima by demolition of the structure put up thereon in Phati Dhalpur, Kothi Maharaja, Tehsil and District Kullu and for permanent prohibitory injunction restraining the defendant (the appellant herein) from interfering on disputed land and other land appurtenant to it, owned by her. The suit was decreed and upon holding the respondent herein/plaintiff as the owner of the encroached land handing over t


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