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2002 Supreme(HP) 74

K.C.SOOD
SUNIL KUMAR – Appellant
Versus
DEVINDER KUMAR – Respondent


Advocates Appeared:
For the Petitioners:Mr. Anand Sharma & Tarlok Chauhan. Advocate. For the Respondents:Mr. N.K. Thakur. Advocate.

JUDGMENT Kuldip Chand Sood, J. :- This revision petition arises out of the orders of learned District Judge. Chamba dated November 29. 2001 in Civil Misc. Appeal No. 18 of 2001.

2. Plaintiffs and defendants are the owners of adjacent properties, situated in the town of Chamba. Property of the plaintiff is stuate on Khasra number 3688 which measures 117 sq. yds. 5 sq.ft. The adjoining property of the defendants comprising in various khasra numbers measures 601 sq. ft and 5 q ft. The defendants are constructing reconstructing their building on their land. Plaintiffs filed a suit before the learned trial court for permanent prohibitory injunction seeking to restrain the defendants from raising any construction in front of the residential house/hotel of the plaintiffs and also for mandatory injunction for the demolition of the fourth floor of the building under construction by the defendants.

3. The case of the plaintiffs as disclosed in the plaint was: The plaintiffs have their residential house in the building in question. This house was converted into a hotel known as "Hotel GS" and the hotel is being run for the last more than seven years. The plaintiffs after taking loans from the B














































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