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2021 Supreme(HP) 890

SATYEN VAIDYA
Gurbinder Singh, Son of Sh. Gurdarshan Singh – Appellant
Versus
Hari Pal, Son of Sh. Gurdev Singh – Respondent


Advocates:
Advocate Appeared:
For the Appellant :SH. DHEERAJ K.VASHIST, ADVOCATE)
For the Respondent:SH. SANJEEV K. SURI, ADVOCATE

ORDER :

SATYEN VAIDYA, J.

1. By way of instant petition, petitioner has assailed order dated 26.7.2019 passed by learned District Judge, Una, in Civil Misc. Appeal No.27 of 2019, arising out of order dated 01.10.2018, passed by learned Senior Civil Judge, Court No.1, Una, in CMA No. 247/18/16.

2. Petitioners herein are defendants/non-applicants and respondent herein is plaintiff/applicant before the learned Trial Court. The parties hereinafter shall be referred by the status, they hold before the learned Trial Court.

3. Plaintiff/applicant has filed a suit for permanent prohibitory injunction restraining the defendants/non-applicants from changing the existing nature and character of land measuring 580-75 Sq. decimetres comprised of Khewat No.93, Khatauni No. 278, Khasra Nos. 3340/2189, 3341/2189 and 3343/2189, situate at Up Mohal Gaula (Una), Tehsil and District Una, HP, (hereinafter to be referred as the suit land), by raising any sort of construction or otherwise taking exclusive possession by ousting the plaintiff/applicant forcibly and also cutting and removing of trees till the regular and final partition. In alternative, a prayer has been made for grant of mandatory injunction d

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