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2021 Supreme(HP) 138

SURESHWAR THAKUR
Sita Ram (since deceased) through his legal heirs – Appellant
Versus
Sant Ram (since deceased) through his legal heirs – Respondent


Advocates:
Advocate Appeared:
For the Appellants :Sh. Bhupender Gupta, Senior Advocate with Mr. Pranjal Munchal, Advocate.
For the Respondents:Mr. G.D. Verma, Senior Advocate with Mr. B.C. Verma, Advocate.

JUDGMENT :

SURESHWAR THAKUR, J.

1. The plaintiffs reared civil Suit No. 178/1 of 1996 before the learned Sub Judge 1st Class, Arki, District Solan, H.P. In the afore civil suit, the plaintiff claimed rendition of a decree of declaration, that since the mortgage created qua their predecessors-in-interest qua the suit land, rather in the year 1951, remaining unredeemed, through liquidation of the mortgage money by the defendants to the plaintiffs, hence, through afflux of time, they be declared as owners-in-possessions of the suit land. Moreover, the plaintiffs also claimed rendition of a decree of permanent prohibitory injunction restraining the defendant from interfering in their possession over the suit land. The learned Sub Judge 1st Class, Arki, decreed the afore suit. The aggrieved defendants constituted thereagainst Civil Appeal bearing No. 22-S/13 of 2003, before the learned District Judge, Solan. Upon the afore Civil Appeal, the learned First Appellate Court made a verdict affirming the verdict rendered by the learned Sub Judge 1st Class, Arki.

2. The defendants becoming aggrieved therefrom, hence, are led to institute the extant Regular Second Appeal before this Court.

3. When

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