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2002 Supreme(HP) 327

M.R.VERMA
KULTAR SINGH DOGRA – Appellant
Versus
BHARTI TELENET LTD. – Respondent


Advocates Appeared:
Mr. Kuldip Singh, Sr. Advocate, with Ms. Jyotika, Advocate, for the Petitioner; M/s. K.D. Sood, Deepak Gupta, Aneesh Garg and Dalip Sharma, Advocates, for the Respondents.

JUDGMENT

M.R. Verma, J.—Since both these revision petitions under Section 115 of the Code of Civil Procedure (hereafter referred to as the Code) arise out of the same judgment rendered in two consolidated Civil Miscellaneous Appeals by the learned District Judge, Hamirpur, therefore, are being disposed of by this common judgment.

2. Yog Raj and Mohinder Singh (petitioners in Civil Revision No. 364 of 2002) and Kultar Singh Dogra (petitioner in Civil Revision No. 325 of 2002) instituted two different suits against the respondents, claiming permanent prohibitory injunction restraining the respondents from raising any construction/installation of a tower for mobile telephone services adjoining the property owned by them and in case they succeed in raising the tower, for mandatory injunction directing the respondents to remove such tower and restoring the land to its original condition. As per the plaint, petitioner Yog Raj is owner in possession of land comprising Khasra No. 70, situate in Up Mohal, Hira Nagar, Mauza Jhaniara, Teh. and Distt. Hamirpur, to the extent of 1/2 share. Petitioner Mohinder Singh is owner in possession of Khasra No. 232/73, situate in the same village. Petitio


























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