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2003 Supreme(HP) 8

KULDIP CHAND SOOD, KAMLESH SHARMA
Sushil Mittal – Appellant
Versus
R. D. Bhardwaj – Respondent


Advocates Appeared:
R. P. Singh, for Appellants; Ramakant Sharma, for Respondents.

Judgement

KULDIP CHAND SOOD, J. :- These two appeals arise out of a common order of learned District Judge, Solan dated October 12, 2001 in Application No. 355-A/6 of 2000.

2. In order to appreciate the controversy, necessary facts may be noticed. It appears plaintiff-R. D. Bhardwaj laid a suit before the learned Sub-Judge Ist Class,

Arki, for permanent prohibitory injunction with the allegations that he was a permanent resident of village Sehal in Pargana Sandhurt, Tehsil Arki, District Solan. He owned Truck No. HP-12-2009, HP-11-2209 and HP-11-4009. It was the case of the plaintiff that these trucks were deployed for lifting clinker from the factory of Gujarat Ambuja Cement Ltd., at Darlaghat (GACL, for short) sine April, 1997. The defendants-Sloan Distrit Truck Operators Co-operative Society Ltd., Darlaghat and Arki Tehsil Truk Operators Union, Darlaghat, used to provide clinker for transportation, on turn basis, to the plaintiff. The plaintiff had regularly been lifting the clinker on his turn, at par with the other truck owners of the residents of Tehsil Arki. The plaintiff was enrolled as Member with the defendant-respondent No. 2-Society on payment of necessary fees. It was his










































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