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2017 Supreme(HP) 1343

CHANDER BHUSAN BAROWALIA
Rajinder Singh Cahuhan – Appellant
Versus
State Of Himachal Pradesh – Respondent


Advocates Appeared:
Y.P. Sood, Advocate, for the Appellant; Ankush Dass Sood, Senior Advocate, with Mr. Virender K. Verma, Addl. AG, and Ms. Shweta Joolka, Advocate, for the Respondents

JUDGMENT

Chander Bhusan Barowalia, J. —The present application has been maintained by the applicant/appellant (hereinafter referred to as ''the applicant'') under Order 41, Rule 27 read with Section 151 CPC to lead additional evidence. As per the applicant, the regular second appeal is pending adjudication, which arose as both the Courts below have given findings against the applicant in a suit for permanent prohibitory injunction and the suit as well as the appeal stood dismissed. As per the applicant, he maintained a suit for permanent prohibitory injunction against the non-applicants/respondents (The State of Himachal Pradesh and another) (hereinafter referred to as ''the non-applicants'') on the averments that non-applicants without any right, title and interest are interfering in the owner-ship and possession of the applicant over the suit land and trying to forcibly construct Theog-Kotkhai road through the suit land without acquiring the same in accordance with law. As per the applicant, earlier also, respondent No. 1 had constructed a road through the land owned and possessed by the applicant without acquiring the same and only after orders were passed by the Hon''ble High Co

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