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2021 Supreme(HP) 880

SURESHWAR THAKUR
Khushal Chand, S/o. Shri Narain Dass – Appellant
Versus
Shobha Lal – Respondent


Advocates Appeared:
For the Appellant : Mr. Romesh Verma.
For the Respondents:Mr. R.K. Gautam, Senior Advocate with Ms. Seema Azad.

JUDGMENT :

The plaintiff instituted a Civil Suit bearing No. 15-1 of 2004 before the learned Civil Judge (Senior Division), Court No.1, Shimla, H.P. In the afore Civil suit, the plaintiff, claimed the hereinafter extracted relief(s):-

    “(i) defendants be restrained from interfering in any manner with the ownership and possession of the plaintiff over the suit land.

(ii) By way of mandatory injunction, the defendant may be required to get the entries in the record of right brought up to date inconformity with the claim of the plaintiff.

(iii) In case, the plaintiff is found have been dispossessed from any portion of the land in suit in that event, a decree be passed for possession on the basis of title.”

The learned trial court through its verdict made thereon, on 16.10.2009, dismissed the plaintiff's suit.

2. In an appeal carried thereagainst by the aggrieved plaintiff, before the learned first appellate Court, the latter through its verdict made on 22.11.2012, upon, Civil Appeal No. 2-S/13 of 2010, dismissed the afore appeal, and, affirmed the judgement and decree pronounced by the learned trial Court

3. Consequently, the plaintiff is led to institute the extant appeal before this Court.

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