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2023 Supreme(HP) 239

SATYEN VAIDYA
Prem Singh – Appellant
Versus
Kartar Singh – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Sanjay Jaswal, Advocate.
For the Respondents:Mr. Ajay Sharma, Senior Advocate with Mr. Atharv Sharma, Adv.

JUDGMENT :

Satyen Vaidya, J.

By way of instant Regular Second Appeal, appellant has assailed the judgment and decree dated 15.12.2020 passed by learned Additional District Judge-1, Kangra at Dharamshala, District Kangra, H.P. in Civil Appeal No. 09-J/XIII/2014 (RBT C A No. 81-J/XIII/20/14, whereby the judgment and decree dated 15.11.2013 passed by learned Civil Judge (Junior Division), Jawali in Counter Claim No. 52/2013/2003 has been set aside and counter claim of respondents No.1 and 2 has been decreed.

2. The parties hereafter shall be referred by the same status as they held before the learned trial Court.

3. Appellant was plaintiff and non-counter claimant in Civil Suit No. 47 of 2003 and Counter Claim No. 52/2013/2003 respectively before the trial Court. Respondents No.1 and 2 along with respondents No.4 and 5 were defendants in Civil Suit No. 47 of 2003. Respondents No.1 and 2 were counterclaimants in Counter Claim No. 52/2013/2003.

4. Brief facts necessary for adjudication of this appeal are that plaintiff/non-counter claimant filed a suit for declaration to the effect that he had become owner of the suit land by way of adverse possession and the sale deed in respect of the suit


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