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2021 Supreme(HP) 285

VIVEK SINGH THAKUR
Jaishi Ram – Appellant
Versus
Manohar Lal – Respondent


Advocates Appeared:
For the Appellant : Neeraj Gupta, SA and Rinki Kashmiri
For the Respondents: Ajay Sharma, SA and Rakesh Chaudhary

JUDGMENT :

Vivek Singh Thakur, J.

1. Appellant/plaintiff has approached this Court assailing concurrent finding of the Courts below. Suit as well as appeal filed by him have been dismissed by the trial Court and first Appellate Court respectively. Respondents or their predecessors-in-interest are/were defendants in the suit. Parties, for convenience shall be referred as plaintiff and defendants.

2. Civil Suit filed by plaintiff on 3.8.2004, seeking declaration that he has acquired ownership right in the suit land by way of adverse possession, was dismissed on 30.9.2013 by the trial Court. Appeal preferred by plaintiff on 2.11.2013 has also been dismissed by first Appellate Court on 23.2.2019.

3. On filing present appeal on 22.5.2019, notices were issued to the respondents and during service of respondents, notices issued to respondent No. 7 Nek Singh and Respondent No. 18 Kuldeep Singh have been received back with report that Nek Singh has expired on 30.9.2017, whereas respondent No. 18 Kuldeep Singh had expired on 7.2.2016, which indicates that both of them had expired during pendency of first appeal before learned District Judge (1), Kangra at Dharamshala.

4. Appellant/plaintiff has p

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