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2023 Supreme(HP) 319

SANDEEP SHARMA
Jit Singh – Appellant
Versus
Kirpal Singh – Respondent


Advocates Appeared:
For the Petitioner: Mr. Sanjeev K. Suri.
For the Respondents: Mr. Y.P. Sood.

JUDGMENT :

(Sandeep Sharma, J.)

1. Being aggrieved and dissatisfied with order dated 17.1.2019, passed by the learned Senior Civil Judge, Una, District Una, H.P., whereby an application under Order 1 Rule 10 CPC read with Section 151 CPC, having been filed by the respondents-plaintiffs ( herein after referred to as “the plaintiffs”), came to be allowed, petitioner-defendant (herein after referred to as “the defendant”), has approached this Court in the instant proceedings filed under Article 227 of the Constitution of India, praying therein to set-aside aforesaid impugned order.

2. Precisely, the facts of the case, as emerge from the record are that, plaintiffs namely S/s Kirpal Singh, Kashmir Singh, Gian Chand, Smt. Lag Devi, Sh. Mohinder Singh and Saroj Kumari filed suit bearing No. 823/13 for declaration and permanent injunction under Sections 34 to 38 of the Specific Reliefs Act, averring therein that they alongwith defendant No.1-Jit Singh i.e. petitioner herein and proforma respondent No.7 i.e. Rumal Singh, are owner in possession of the total land measuring 1-25-33, being LRs of late Sh. Harnam Singh i.e. real brother of the plaintiff No.1, respondent No.4 and respondent No.7

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