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2019 Supreme(HP) 1178

VIVEK SINGH THAKUR
Dharam Parkash – Appellant
Versus
Kejang Butidh – Respondent


Advocate Appeared:
For the Appellant :Mr. Bhupender Gupta, Senior Advocate, with Mr. Janesh Gupta, Advocate
For the Respondent:Mr. K.D. Sood, Senior Advocate, with Mr. Rajnish K. Lal and Mr. Shubham Sood, Advocates

JUDGMENT :

Vivek Singh Thakur, J.

Present First Appeal has been preferred by the appellant-plaintiff (hereinafter referred to as 'the plaintiff') against dismissal of his suit for possession vide judgment, dated 1st January, 2005, passed by learned District Judge, Kinnaur Civil Division at Rampur Bushahr, H.P. in Civil Suit No. 19 of 2002.

2. As per plaint, the case put forth by plaintiff Dharam Prakash is that respondent No. 1 Kejang Butidh (hereinafter referred to as 'defendant No. 1') had filed a Civil Suit in the Court of Senior Sub Judge, Kinnaur at Reckong Peo for declaration, with consequential relief of permanent prohibitory injunction, restraining the father of plaintiff, i.e. Narpal Singh, as well as Panma Medup and Tanzin Giachho respondents No. 2 and 3 (hereinafter referred to as the ‘proforma defendants'), claiming her title on the suit property on the basis of verbal agreement to sell between father of the plaintiff and defendant No. 1, which was partly decreed vide judgment, dated 13th September, 2000 (Ex. PC), restraining the father of the plaintiff and proforma defendants from interfering in the possession of defendant No. 1 over the suit property in future, in any ma

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