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2021 Supreme(HP) 871

AJAY MOHAN GOEL
Shanti Swaroop Sardana – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Satyen Vaidya, Senior Advocate and Vivek Sharma, Advocate
For the Respondents/Defendant:V.B. Verma, Advocate, Sumesh Raj, Dinesh Thakur, Sanjeev Sood, Additional Advocate Generals, Kamal Kant Chandel and Divya Sood, Deputy Advocate Generals

JUDGMENT :

Ajay Mohan Goel, J.

1. By way of this appeal, the appellants have prayed for setting aside the judgment and decree dated 31.12.1993, passed by the Court of learned Sub-Judge, 1st Class, Court No. 2, Shimla in Case No. 128-1 of 1992/83, titled as Smt. Jai Devi Sardana and others v. The Union of India and another, vide which, the suit filed by their predecessors was dismissed, alongwith the judgment and decree dated 03.06.1996, passed by the Court of learned Additional District Judge, Shimla, H.P. in Civil Appeal No. 108-S/13 of 1994, titled as Shri Gian Chand Sardana and others v. The Union of India and another, vide which, the appeal filed by the appellants against the judgment and decree dated 31.12.1993, passed by the learned Trial Court, was also dismissed.

2. Brief facts necessary for the adjudication of this Regular Second Appeal are that the predecessors-in-interest of the present appellants instituted a suit for permanent prohibitory injunction against the defendants for restraining them from interfering with the ownership and possession of the plaintiffs over the suit property known as 'Sardana House' comprised in Khasra No. 490/62/B, measuring 300 sq. yards, 3 sq.

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