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2021 Supreme(HP) 955

AJAY MOHAN GOEL
MOHAN – Appellant
Versus
MAN SINGH – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. G.R. Palsra.
For the Respondent: Mr. Surender Verma.

JUDGMENT :

Ajay Mohan Goel, J.

1. By way of this petition filed under Article 227 of the Constitution of India, the petitioners/plaintiffs have challenged the order passed by the Court of learned Civil Judge, Court No. 2, Sundernagar, District Mandi, in CMA No. 165-VI/2020, filed in Civil Suit No. 86-1 of 2020, vide which, an application under Order 39, Rules 1 and 2 of the Civil Procedure Code filed by the present petitioners stood dismissed by the said Court as well as the judgment dated 23.02.2021, passed by the Court of learned Additional District Judge, Sundernagar, District Mandi, in Civil Miscellaneous Appeal No. 38 of 2020, titled as Mohan and others vs. Shri Man Singh and others, vide which, the order passed by learned Trial Court stood affirmed by the learned Appellate Court by dismissing the appeal preferred by the present petitioners against the order of the learned Trial Court.

2. Brief facts necessary for the adjudication of the present petition are that the petitioners herein, have filed a suit for permanent prohibitory injunction against the respondents with regard to the suit land on the ground that the entire land is joint between the parties and other co-sharers and

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