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2015 Supreme(HP) 1641

RAJIV SHARMA
Gambhir Chand – Appellant
Versus
Mani Devi – Respondent


Advocates Appeared:
For the Appellant :Rajneesh K. Lal, Advocate.
For the Respondent:Manoj Pathak, Advocate.

JUDGMENT :

Rajiv Sharma, J.

This Regular Second Appeal is directed against the judgment and decree, dated 16.10.2004, passed by the learned District Judge, Kullu, District Kullu, H.P. in Civil Appeal No. 08/04.

2. Key facts necessary for the adjudication of this Regular Second Appeal are that the appellants-plaintiffs (hereinafter referred to as “the plaintiffs” for the sake of convenience) had instituted a suit for permanent prohibitory injunction restraining the respondents-defendants (hereinafter referred to as 'the defendants' for the sake of convenience) from interfering or changing the nature of the land comprised in Khata Khatauni No. 113/143 min, Khasra Nos. 1737 and 1738, Kita 2, measuring 6140 bighas, situated in Phati and Kothi Bhallan, Tehsil and District Kullu. Plaintiffs have raised an apple orchard over the suit property and the defendants were strangers. The defendants have direct approach to their land from Khasra No. 1740 for carrying out agricultural operation and path passes through Government land and one path goes from village Ruar to village Narol. The defendants were requested to desist from the unlawful activities, but they refused.

3. The suit was contested by




















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