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2023 Supreme(HP) 545

VIRENDER SINGH
Prem Kumar – Appellant
Versus
Tilak Raj – Respondent


Advocates:
Advocate Appeared:
For the Appellants : N.K. Sood, Aman Sood.
For the Respondents: N.K. Thakur, Karan Veer Singh.

JUDGMENT :

VIRENDER SINGH, J.

1. The appellants have preferred the present appeal against the judgment and decree, dated 2nd January, 2013, passed by the learned Civil Judge (Senior Division), Court No. 1, Hamirpur, H.P. (hereinafter referred to as the ‘trial Court’) in Civil Suit No. 13 of 2011, titled as Prem Kumar and another versus Tilak Raj and others.

2. Vide judgment and decree, dated 2nd January, 2013, the learned trial Court has dismissed the suit of the plaintiff. The said judgment and decree has been affirmed by the Court of learned Additional District Judge, Hamirpur, H.P. (hereinafter referred to as the ‘First Appellate Court’), vide judgment and decree, dated 6th September, 2014, passed in Civil Appeal No. 58 of 2013, titled as Prem Kumar and another versus Tilak Raj and others.

3. For the sake of convenience, parties to the present lis, are, hereinafter, referred to, in the same manner, in which, they were referred to, by the learned trial Court.

4. Brief facts, leading to the filing of the present appeal, before this Court, may be summed up, as under:

    4.1. Plaintiffs have filed the suit for possession by way of pre-emption of land, bearing khata No. 252, khatauni No. 315,

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