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2002 Supreme(HP) 177

M.R.VERMA
ASHWANI KUMAR – Appellant
Versus
ANDLACHI RAM – Respondent


Advocates Appeared:
Mr. Kuldip Singh, Sr. Adv. with Mr. Jitender Thakur, Advocate, for:the Petitioners; Mr. B.N. Gupta, Vice Mr. K.D. Sood, Advocates, for the Respondents.

JUDGMENT

M.R. Verma, J.—This revision petition under Section 1^15 of the Code of Civil Procedure is directed against the order dated 5.7.2001 passed by the learned District Judge, Sirmaur at Nahan in Civil Miscellaneous Appeal No. 8-CMA/14 of 2001 thereby affirming the order dated 14.jfe.2001 passed by the learned Sub-Judge, I-Class (I), Paonta Sahib whereby an interim restraint order and temporary mandatory injunction have been passed in favour of the respondents.

2. Brief facts leading to the presentation of this petition are that the respondents/plaintiffs (hereafter referred to as the plaintiffs) instituted a suit against the petitioners defendants (hereafter referred toi as the defendants) for declaration that the plaintiffs are entitled to use eleven feet wide path existing in Khasra No. 61, Khata Khatauni No. 78 min/140 min, situate in village Amarkot, Tehsil Paonta Sahib for ingress to and outgress from their house built on Khasra No. 61 and for taking water from a well situate near the houses of the plaintiffs and the defendants by way of easementary right with consequential relief of permanent prohibitory injunction restraining the defendants from causing any obstruction i

























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