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2021 Supreme(HP) 345

SANDEEP SHARMA
Ashwani Kumar & Anr. – Appellant
Versus
Shama – Respondent


Advocates appeared:
Lakshay Parihar, Advocate, Sunny Modgil, Advocate

JUDGMENT

Sandeep Sharma, J. - Instant Regular Second Appeal filed under S.100 CPC, lays challenge to judgment dated 11.2.2019 passed by learned District Judge Una, District Una, Himachal Pradesh in Civil Appeal No. 93/2018, affirming judgment and decree dated 11.6.2018 passed by learned Civil Judge, Court No.II Una, in Civil Suit No. 514/17/12 titled, Shama vs. Ashwani Kumar and another, whereby suit for injunction having been filed by the plaintiff came to be decreed.

2. Brief facts, germane for the adjudication of the appeal at hand are that the plaintiff filed a suit for permanent prohibitory injunction, restraining defendants from causing interference, taking forcible possession and changing nature by raising construction or in any other manner of the land measuring 0-02- 79 square metres, comprised in Khewat No. 147, Khatauni No. 2 300, Khasra No. 677, as entered in the Jamabandi for the years 2008-09, situate in Mohal Ajnoli, Tehsil and District Una, Himachal Pradesh (hereinafter, 'suit land'), and in the alternative, for mandatory injunction with a direction to the defendants to restore the suit land to its original. Plaintiff claimed before learned court below that suit land

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