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2019 Supreme(HP) 998

CHANDER BHUSAN BAROWALIA
Sumitra Devi – Appellant
Versus
Hoshiar Chand – Respondent


Advocates Appeared:
G.R. Palsra, Adv., K.D. Sood, Adv., Shubham Sood, Adv.

JUDGMENT :

Chander Bhusan Barowalia, J.

The present petition is maintained by the petitioner under Article 227 of the Constitution of India, against the judgment dated 27.04.2019, passed by the learned Additional District Judge-I, Mandi, H.P. (Camp at Sundernagar) in Civil Misc. Appeal No.67/2018, affirming the order dated 25.10.2018, passed by the learned Senior Civil Judge, Court No.1, Sundernagar, District Mandi, H.P. in CMA No.143-VI/2018 in Civil Suit No.67-I of 2018, with a prayer to set aside the impugned judgments and order and to allow the present petition.

2. Briefly stating the facts giving rise to the present petition are that;

    the respondents, who were the appellants before the learned Trial Court below (hereinafter to be called as "the respondents") had filed a suit against the respondent, (hereinafter to be called as "the petitioner") for declaration, injunction and easement alleging that the respondent and one Sh. Banshi had purchased land in dispute in the present lis, vide common sale deed dated 15.09.2005, comprised in Khata Khatauni No.327/368, kitas 6, measuring 12-15-06 bighas to the extent of 0-12-2 bigha, situated in Mohal Mahadev/10, Tehsil Sundernagar, Distric

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