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2021 Supreme(HP) 274

AJAY MOHAN GOEL
Jumla Jamindaran, Village Pangi – Appellant
Versus
Jumla Jamindaran, Village Telangi – Respondent


Advocates Appeared:
For the Petitioner:Shri Suneet Goel, Advocate.
For the Respondents:Shri Bhupender Gupta, Senior Advocate, with Mr. Janesh Gupta, Advocate, Mr. Ashok Sood, Advocate General, with Mr. Sumesh Raj, Mr. Sanjeev Sood, Additional Advocates General, and Mr. J.S. Guleria, Mr. Kamal Kant Chandel, Deputy Advocates General, Mr. K.D. Sood, Senior Advocate, with Mr. Mukul Sood and Mr. Het Ram, Advocates, for proposed Respondent, Namely, Shri Chandu Lal., Mr. G.D. Verma, Senior Advocate, with Mr. Romesh Verma, Advocate, for proposed Respondent, Namely, Shri Jar Cherring.

JUDGMENT :

By way of this petition, filed under Article 227 of the Constitution of India, the petitioners have prayed for quashing of order dated 23.08.2017, passed by the Court of learned Senior Civil Judge, Kinnaur at Recong Peo, District Kinnaur, H.P., in a miscellaneous application filed under Order 6, Rule 17 read with Section 151 of the Code of Civil Procedure, in Civil Suit No.11-R/1 of 1999/2014, titled as Jumla Jamindaran Village Pangi & others Versus Jumla Jamindaran Village Telangi & others, by the private defendants therein, vide which, said application filed for amendment of the written statement was allowed by the learned Court below.

2. Brief facts necessary for the adjudication of the present petition are as under:-

A Civil Suit stands filed by the petitioners/plaintiffs, for declaration to the effect that the plaintiffs have customary rights over the suit land and the order to the contrary passed by Settlement Collector is bad in law and liable to be set aside and the defendants have no right over the suit land.

3. Record demonstrates that earlier a suit was filed in the year 1984 by the plaintiffs and decreed on 26.06.1987. In appeal, the learned District Judge remand

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