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2021 Supreme(HP) 238

SATYEN VAIDYA
Banwari Lal – Appellant
Versus
Balak Ram – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. V.D. Khidtta, Advocate.
For the Respondents:Mr. Neeraj Gupta, Senior Advocate, with Mr. Janesh Gupta, Advocate.

JUDGMENT :

Satyen Vaidya, J.

Petitioner, who is plaintiff, before this Court by way of instant petition, has assailed the order dated 05.03.2021 passed by learned District Judge (Forest), Shimla in C.M.A. No.1-R/14 of 2020, whereby order dated 20.12.2019 passed by learned Civil Judge, Court No.2, Rohru in an application under Order 39 Rules 1 & 2 read with Section 151 of the Code of Civil Procedure (for short ‘Code’) has been affirmed.

2. The parties herein, shall be referred by same status as they held before the learned trial Court. 1 Whether reporters of print and electronic media may be allowed to see the order?

3. The facts necessary for adjudication of this petition are as under:

    3.(i) Plaintiff has filed a suit being Civil Suit No. 94/1 of 2019 against the defendants that the suit of the plaintiff may kindly be decreed to the following effects:

a) That the three storeyed house situated upon Khasra No.594/2 measuring 15x10 = 210 feet in Abadi Deh Jakhnoti, Tehsil Chirgaon is the joint property of the parties to the suit, still subject matter of partition.

b) That the possession upon the said house is intact with the plaintiff and the defendants No.4 to 6 from the time of their fathe

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