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2016 Supreme(HP) 1506

CHANDER BHUSAN BAROWALIA
Shaunki Ram – Appellant
Versus
Manoj Kumar – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mr. Lalit Kumar Sharma
For the Respondents: Mr. Sanjay Sharma

JUDGMENT :

Chander Bhusan Barowalia, J.

This Regular Second Appeal is maintained by the appellants-defendants against the judgment and decree, dated 27.12.2002, passed by learned District Judge, Mandi in Civil Appeal No. 10 of 2000 whereby the appeal of the appellant has been dismissed and the judgment and decree dated 17.12.1999 passed by learned Civil Judge (Junior Division), Sundernagar in Civil Suit No. 125 of 1995 has been affirmed.

2. Briefly stated facts giving rise to the present appeal are that a suit was maintained by the plaintiffs-respondents (hereinafter referred to as the plaintiff) against the defendants appellants (hereinafter referred to as the defendants) for permanent prohibitory injunction praying that the appellants-defendants be restrained from destroying or defacing “Samadhis” situated on the suit land. A further decree of mandatory injunction was sought against the defendants to the effect that the defendants be directed not to interfere in the right of the plaintiffs to use the suit land as graveyard or to raise “Samadhis” on the suit land or in the worship of Samadhis situated there. As per the plaintiffs, the land comprised in Khewat No. 321, Khatauni No. 61




































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