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2021 Supreme(HP) 378

SANDEEP SHARMA
Rajinder Paul – Appellant
Versus
Kashmir Singh – Respondent


Advocates appeared:
Romesh Verma, Advocate, K.D. Sood, Advocate, Het Ram Thakur, Advocate

JUDGMENT

Sandeep Sharma, J. - By way of instant appeal filed under Section 100 of CPC, challenge has been laid to judgment and decree dated 28.5.2007, passed by learned Additional District Judge (Fast Track Court) Hamirpur, District Hamirpur, H.P., in Civil Appeal No.49 of 2000, affirming the judgment and decree dated 5.2.2000, passed by learned Sub Judge, 1st Class (I), Hamirpur, District Hamirpur, H.P., in Civil Suit No.29 of 1995, titled as Rajinder Paul and others versus Salig Ram, whereby suit for permanent prohibitory and mandatory injunction as well as demarcation, having been filed by the appellants (hereinafter referred to as the plaintiffs), came to be dismissed.

2. Precisely, the facts of the case as emerge from the record are that plaintiff filed a suit against original defendant, Salig Ram for permanent prohibitory injunction, averring therein that land compromised in Khata No.75min, Khatauni No.89min, Khasra Nos. 1106/810, 1114/813, kita-2, measuring 2 kanals 15 marlas, as per jamabandi for the year 1992-93, situate in Tika Ghanal Kalan, Tappa Bajuri, Tehsil and District Hamirpur, Himachal Pradesh (hereinafter referred to as the suit land), is owned and possessed by the

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