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2009 Supreme(HP) 959

DEV DARSHAN SUD
Usha – Appellant
Versus
Bhagat Ram – Respondent


JUDGMENT

Dev Darshan Sud, J.

1. Both these appeals are being disposed of by a common judgment as they relate to the same parties and the same property. The decision in one appeal would necessarily affect the judgment in the other appeal.

2. In RSA 483 of 2007, the plaintiff has challenged the judgment and decree of the learned District Judge (Forest) Shimla reversing the judgment and decree passed by the learned trial Court granting the relief of permanent prohibitory injunction restraining the defendants/respondents from interfering in the possession of the plaintiff over the suit land as described in the plaint.

3. The appeal was admitted on substantial questions of law 2 and 4, which read:

2. Whether the well reasoned judgment and decree passed by the learned trial Court has been ignored by the learned District Judge (Forest), Shimla and he having failed to consider, discuss and appreciate the findings of the learned trial Court, therefore, the findings recorded by the learned District (Forest) Shimla, are vitiated?

4. Whether the learned District Judge below has failed to consider pleadings as well as oral and documentary evidence on record and, therefore, findings recorded by him ar




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