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2000 Supreme(HP) 218

C.K.THAKKER
KAMLA DEVI – Appellant
Versus
JASWANT SINGH DOD – Respondent


Advocates Appeared:
For the Petitioner:Mr. Ajay Mohan Goel, Advocate; For the Respondents:Mr. N.D. Sharma, Advoce Vice Mr. Ajay Kumar, Advocate.

JUDGMENT

(C.K. Thakker, CJ.)- This petition is filed by the petitioner against an order passed by Sub Judge, 1st Class Court No. 1, Rohru, Camp at Jubbal, on July 8, 1997 in Execution No. 8/10 of 1992.

2. It appears that there was dispute between the petitioner and the respondents in respect of lands bearing Khasra Nos. 397/1, 397/2 and 397/3. A decree was passed on January 15, 1988, which was challenged and the District Court passed a decree on September 30, 1988. The proceedings were then taken to this Court and the matter was finally concluded by a judgment of FAO No. 151 of 1988 of the Division Bench of this Court on September 17, 1991. While disposing the appeal, he Division Bench observed "As a result of the above discussion, we have no hesitation whatsoever in up-holding the report of the learned Local Commissioner. Its net result would be that land measuring 3 Bighas comprised in khasra No. 397/1 shown in the Tatima at Annexure-B to the report of the learned Local Commissioner would hence-forth be in possession of the respondents as owners thereof. Similarly, khasra No. 397/2 measuring 3 bighas 3 biswas out of the land in dispute and the remaining part of khasra No. 397 shown












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