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2015 Supreme(HP) 169

SURESHWAR THAKUR
Kavita – Appellant
Versus
Tara Devi – Respondent


Advocate Appeared:
For the Appellant:Mr. G.D. Verma, Senior Advocate, Mr. B.C. Verma, Advocate.
For the Respondent:Mr. R.K. Bawa, Senior Advocate, Mr. Jivesh Sharma, Ajay Sharma, Advocates.

JUDGMENT

Sureshwar Thakur, J.

1. The instant appeal is directed against the judgment and decree, rendered on 10.04.2003, in Civil Appeal No. 25-S/13 of 2002, by the learned District Judge, Shimla, H.P. whereby, the learned First Appellate Court dismissed the appeal, preferred by the plaintiff /appellant and affirmed the judgment and decree, rendered by the trial Court, on 28.02.2002.

2. The plaintiff instituted a suit through her grand father-cum-natural guardian claiming herself to be the only surviving female child of her father late Shri Kanwar Singh besides, she claimed for rendition of a declaratory decree that deceased Kanwar Singh during his life time never contracted a second marriage with Tara Devi and the entries recording the solemnization of such marriage of the defendant with deceased Kanwar Singh, father of the plaintiff are illegal and liable to be quashed and set aside, besides relief for permanent prohibitory injunction for restraining the defendant/respondent herein for succeeding to the estate of deceased Kanwar Singh was prayed for. Further she prayed for relief of a decree for mandatory injunction to recover the amount of ex-gratia grant, leave encashment and GI





























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