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2021 Supreme(HP) 857

SURESHWAR THAKUR
Surindera Devi – Appellant
Versus
Kishori Lal – Respondent


Advocates:
Advocate Appeared:
For the Appellant :R.K Gautam, Sr. Advocate and Megha Kapur Gautam, Advocate
For the Respondents:Bhupender Gupta, Sr. Advocate and Ajit Jaswal, Advocate

JUDGMENT :

Sureshwar Thakur, J.

1. Plaintiff/respondent No. 1 Kishori Lal instituted a Civil Suit bearing No. 38/92 before the learned Sub Judge, 1st Class, Court No. 1, Una, District Una. H.P. In the afore Civil Suit, the plaintiff claimed the making of a declaratory decree against the defendants, and, vis-à-vis, the suit khasra numbers, and, the plaintiff also claimed the making of a decree for permanent prohibitory injunction against the defendants, and, vis-à-vis, the suit khasra numbers..

2. The afore espoused relief(s) became accorded, vis-à-vis, the plaintiff by the learned trial Court through its verdict drawn on 30th May, 2002.

3. The aggrieved defendants there against carried an appeal bearing No. 50/2002, before the learned District Judge, Una, H.P. The learned first Appellate Court partly accepted the appeal, and, made the hereinafter extracted relief:-

    "In view of my findings on point Nos. 1 and 2 above, the appeal is partly accepted and the relief of declaration as granted by the learned trial Judge is set-aside and decree for permanent injunction restraining the defendants from interfering in the possession of the plaintiff over the suit land comprised in khewat No. 2 min

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