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2001 Supreme(HP) 55

KAMLESH SHARMA
LEETHO – Appellant
Versus
CHAMELO – Respondent


Advocates Appeared:
Mr., Bhupender Gupta, Senior Advocate with Mr. Neeraj Gupta, Advocate, for the Appellant; Mr. Anand Sharma, Advocate, for the Respondent No. 1.

JUDGMENT

Ms. Kamlesh Sharma, J—The appellant in this appeal is the plaintiff, whereas, respondents are the defendants but respondent No. 1 is the contesting defendant, who felt aggrieved by the decree and judgment dated 30.6.1990 passed by Sub Judge 1st Class, Dalhousie and preferred an appeal against them before the District Judge, Chamba Division Chamba, who has accepted his appeal vide judgment and decree dated 31.7.1993 and set aside the decree and judgment dated 30.6.1990 of Sub Judge 1st Class with the result the suit of the plaintiff stands dismissed, whereas it was decreed by Sub Judge 1st Class and the partition order dated 21.9.1983 and mutation entry No. 467 dated 21.2.1986 were declared illegal and void and not binding on his rights. Sub Judge 1st Class had also restrained the defendants by decree of permanent prohibitory injunction from interfering in the possession of the plaintiff in Khasra Nos. 1632/406, 1636/407, 425 and 1646/472, Kita 4 Khata Khatauni No. 69/98 min, situate in Mohal Gola, Pargana Bhatti Tikri. Hence the present regular second appeal under Section 100, Code of Civil Procedure.

2. This Court has heard learned Counsel for the parties and gone through















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