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2021 Supreme(HP) 366

SATYEN VAIDYA
Rambhaj & Ors. – Appellant
Versus
Kashmir Singh & Ors. – Respondent


Advocates appeared:
Ashok K Tyagi, Advocate, Ashwani K Sharma, Advocate, Ishan Sharma, Advocate, Satyen Vaidya, Advocate

JUDGMENT

Satyen Vaidya, J. - Petitioners, by way of instant petition, have challenged order dated 30.12.2020 passed by learned District Judge, Mandi, District Mandi in Civil Miscellaneous Appeal No.15 of 2020, whereby the order dated 10.12.2020 passed by learned Civil Judge, Court No. II, Mandi in CMA No.205-VI/2020 in application under order 39 Rules 1 and 2 of the Code of Civil Procedure (for short "Code") has been reversed.

2. Respondents herein are the plaintiffs before Trial Court and petitioners are defendants, therefore, for clarity the parties herein shall be referred by the same status as they held before learned Trial Court.

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

3.1 Civil Suit bearing No.132/18/14, filed by plaintiffs, is pending before learned Civil Judge (Court No.2) Mandi with prayer to pass a decree to the following effect:-

a) A decree of mandatory injunction directing the defendants to restore the vacant possession of the suit property by demolishing the construction, which they have raised during the pendency of the earlier suit/review petition, as is marked A-1, A-1, A-1, A-1 in the rough site plan may kindly be passe

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