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2011 Supreme(HP) 2422

RAJIV SHARMA
Dewana – Appellant
Versus
Gian Chand Malhotra – Respondent


Advocates:
Advocate Appeared:
For the appellants:Mr. Ajay Kumar, Advocate.
For respondents No. 1, 2, 4 and 6:Mr. Bhupender Gupta, Senior Advocate with Mr. Neeraj Gupta, Advocate.

JUDGMENT

Rajiv Sharma, Judge:

1. This Regular Second Appeal is directed against the judgment and decree dated 12.01.2011, passed by the learned District Judge, Kullu, H.P. in Civil Appeal No. 84 of 1998/35 of 2010.

2. Material facts necessary for the adjudication of this Regular Second Appeal are that the respondents-plaintiffs (hereinafter referred to as “the plaintiffs” for convenience sake), had instituted a suit for permanent prohibitory injunction in the Court of learned Senior Sub Judge, Lahaul & Spiti at Kullu, Exercising the Powers of Sub Judge, Ist Class, Kullu. Learned Senior Sub Judge, Lahaul & Spiti at Kullu dismissed the suit on 03.08.1998. Plaintiff preferred an appeal before the learned District Judge, Kullu. The same was accepted by the learned District Jude, Kullu and the findings of the learned trial Court were reversed. The decree of permanent prohibitory injunction was passed against the appellants-defendants (hereinafter referred to as “the defendants” for brevity sake) restraining them, their successor, agents and servants from interfering in the peaceful possession of the plaintiffs over the suit land in any manner. Hence, this Regular Second Appeal by the def












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