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2011 Supreme(HP) 809

DEEPAK GUPTA
Allian Duhangan Hydro Electric Project Prini – Appellant
Versus
Om Dutt – Respondent


Advocates appeared:
For the petitioner:Ms. J yotsna Rewa1 Dua, Advocate.
For the respondent No.1:Mr. Sunil Mohan Goel, Advocate.
For the espondent No.2 : None.

JUDGMENT

Deepak Gupta, J.

By means of this petition filed under Article 227 of the Constitution of India, the petitioner has challenged the order dated 16.1.2010 passed by the learned Trial Court in Civil Suit No. 11 of 2010 titled as am Datt V s. Allain Dhuhangan Hydro Electric Project, Prini & Anr. pending in the Court of learned Civil Judge, (Sr. Division) Kullu on the ground that this order was beyond the scope of jurisdiction of the learned Trial Court.

2. Briefly stated the facts of the case are that the respondent (hereinafter referred to as the plaintiff) filed a suit before the learned Trial Court praying for decree of permanent prohibitory injunction restraining the defendants from laying high tension transmission line over and above the suit land bearing khasra No. 1367, khata khatauni No. 316/578, khasra Nos. 1374 and 1375, khata khatauni No. 316/577 and khasra No. 1372, khata khatauni No. 299/550 situate in Phati Shilihar, Kothi Kotkandi, Tehsil and District Kullu. The allegation made by the plaintiff was that the defendant-company had constructed a hydro electric power house at village Prini in Manali. According to the plaintiff, he is the owner in possession of the su


















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