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2021 Supreme(HP) 814

SURESHWAR THAKUR
STATE OF HIMACHAL PRADESH THROUGH SECRETARY HPPWD, H. P. SECRETARIAT, CHHOTA SHIMLA, H. P. – Appellant
Versus
UMA DEVI ALIAS UMAWATTI, WIDOW OF LATE SH. DURGA SINGH – Respondent


Advocate Appeared:
For the Appellant : MR. ASHWANI SHARMA AND MR. HEMANT VAID, ADDL. AGs.
For the Respondent:MR. SUMEET RAJ SHARMA AND MR. R.S. CHANDEL, ADVOCATES

JUDGEMENT :

A Civil Suit bearing No. 28 of 2009 became instituted by the plaintiffs before this Court. In the Civil Suit supra, the plaintiffs claimed the renditions of the hereinafter extracted relief(s), vis-a-vis, them, and, against the defendants:-

    “i. that the plaintiffs prays for a decree for Rs.27,00,000/- on account of damages suffered by the plaintiff with respect to their property alongwith interest @18% per annum from the date the amount fell due to the plaintiffs along with the costs of the suit against the defendants.

ii a decree for permanent prohibitory injunction restraining the defendants from causing any damages to the property of the plaintiffs in Khewat No.4, min, Khataoni No.7 min, khasra Nos. 581, 582, 584 and 659 kita 4 in all measuring 0-81-96 hectares and kahsra No.583 situated at Village Bagri, Mauja Vasa Vagan Pargana Ghand, Tehsil Theog.

Iii. A decree for mandatory injunction thereby directing the defendants to provide retaining wall in all length to the property of the plaintiff in Khewat No.4 min, Khatoni No.7 min, khasra Nos. 581, 582, 584 and 659 kita 4 in all meausring 0-81-96 hectares and kahsra No.583 situated at Village Bagri, Mauja Vasa Vagan Parga

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