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2021 Supreme(HP) 432

AJAY MOHAN GOEL
Kalyan Singh & Ors. – Appellant
Versus
Mehar Singh & Ors. – Respondent


Advocates appeared:
Karan Singh Kanwar, Advocate, R.K. Bawa, Advocate, Rajesh Kumar Sharma, Advocate

JUDGMENT

Ajay Mohan Goel, J. - By way of this appeal, the appellants assail the judgment and decree passed by the Court of learned District Judge, Sirmaur in Civil Appeal No. 80-CA/13 of 2001 dated 16.01.2002, vide which, learned appellate Court while allowing the appeal filed by the predecessor-in-interest of the present respondents, set aside the judgment and decree passed by the Court of learned Sub Judge 1st Class, Court No. 2, Paonta Sahib in Civil Suit No. 196/1 of 1999, dated 26.05.2001, whereby learned trial Court had dismissed the suit for permanent injunction filed by the predecessor-in-interest of the present respondents.

2. Brief facts necessary for the adjudication of the present case are that predecessor-in-interest of the present respondents, namely, Telu Ram (hereinafter referred to as 'the plaintiff") filed a suit for permanent injunction on the grounds that he alongwith defendants and others were co-sharers in land comprised in Khata Khatauni No. 30/98 alongwith other lands and that the plaintiff in fact was in exclusive possession of Khasra No. 951 and 1458, measuring 1-2 bighas and 1-14 bighas, situated in Mauza Bali Koti, Tehsil Shillai, H.P. and pursuant to a pa

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