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2021 Supreme(HP) 143

AJAY MOHAN GOEL
Karam Chand – Appellant
Versus
Paras Ram – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Jiya Lal Bhardwaj, Advocate.
For the Respondent:Mr. H.R. Jhingta, Advocate.

JUDGMENT :

AJAY MOHAN GOEL, J.

1. Brief facts necessary for the adjudication of this petition are as under:-

Respondent herein filed a suit for permanent prohibitory and mandatory injunction against the present petitioner, i.e. Civil Suit No. 175/1 of 2001, which was decreed by the Court of learned Civil Judge (Jr. Divn.) Arki, District Solan, H.P. on 09.06.2010 in the following terms:-

    “This suit coming on this 9th day of June, 2010 for final disposal before me (Sapna Pandey), Civil Judge (Jr. Divn.), Arki, District Solan, H.P. in the presence of Sh. Bhupinder Sharma, Advocate for the plaintiff and defendant already ex-parte. It is ordered that the suit of the plaintiff is decreed for permanent prohibitory injunction restraining the defendant from interfering with the possession of plaintiff over land comprising khasra No. 79, measuring 1-7 bigha situated in village Kiar, Pargna Kolka, Tehsil Arki, District Solan, H.P. and decreed for mandatory injunction. The suit is decreed with costs. Relief of mandatory is subject to the condition stated above in para No. 13.”

Copy of the decree sheet is appended with the petition as Annexure P-1.

2. Thereafter, the decree holder filed an applicati

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