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2022 Supreme(HP) 620

SATYEN VAIDYA
Roshan Lal (Deceased) Through Legal Representatives – Appellant
Versus
Rama Devi W/o Late Sh. Tilak Raj – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Bhuvnesh Sharma, Advocate
For the Respondent:Mr. Romesh Verma, Advocate

JUDGMENT :

By way of instant Regular Second Appeal, appellants have assailed the judgment and decree dated 17.06.2008, passed by learned District Judge, Hamirpur in Civil Appeal No. 50 of 2005, whereby the judgment and decree dated 01.04.2005, passed by learned Civil Judge (Junior Division), Barsar, District Hamirpur, H.P. in Civil Suit No. 63 of 1999, has been reversed.

2. Parties hereafter shall be referred by the same status as they held before learned Trial Court. Respondent herein was the plaintiff and appellants herein were the defendants before the learned Trial Court.

3. Plaintiff filed a suit against defendants for following reliefs: -

    “It is, therefore, prayed that a decree for fixation of boundary by way of demarcation with a consequential relief of permanent prohibitory injunction restraining the defendants from raising any sort of construction over the suit land comprised in Khata No. 40 min, Khatauni no. 42, min, Khasra No. 215 area 1k-13M and Khata No. 41, Khatauni No. 43, Khasra No. 218 area 1 Kanal as per jamabandi 1996-97, situated in Tika Bhota, Tappa Paplu, Tehsil Barsar, District Hamipur, H.P. or blocking the passage of plaintiff to her house or to create any nuisa

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