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2021 Supreme(HP) 982

JYOTSNA REWAL DUA
Geeta Dayal, Wife Of Shri Ram Saran – Appellant
Versus
Anupam Son Of Sh. Kans Raj – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Sh. B.M. Chauhan, Senior Advocate With Mr. Amit Himalvi, Advocate.
For the Respondent:Smt. Yogita Dutta, Advocate.

ORDER :

Plaintiff is aggrieved by the dismissal of an application moved by her under Order 39 Rules 1 and 2 of Code of Civil Procedure. The order passed by learned Trial Court on 1.10.2018 dismissing the application has been affirmed by the learned Additional District Judge on 31.10.2019.

Parties hereinafter are referred to as they were before the learned trial court.

2. Suit for permanent prohibitory injunction and alternatively for mandatory injunction was filed by the plaintiff. The plaintiff asserted that she is owner in possession of land comprised in khata/khatauni No. 56/175, khasra No. 1685/203, measuring 297 Sq. Meters situated in mauza Thodo Solan, Tehsil and District Solan. Jamabandi for the year 2011-12 was enclosed alongwith the plaint. It was stated that over this khasra number, the plaintiff had constructed a residential building, possession of which she is enjoying alongwith the easementary right for the last more than 50 years.

Plaintiff also pleaded that defendant No. 1 was owner of adjoining land comprised in khata/khatauni No. 546/819, khasra No. 2013, measuring 48 square meters situated in mauza Thodo, Tehsil and District Solan. Plaintiff further submitted that on

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