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2024 Supreme(HP) 93

VIRENDER SINGH
Desh Raj – Appellant
Versus
Mehar Singh – Respondent


Advocates:
Advocate Appeared:
For the Appellants :Mr. Anand Sharma, Senior Advocate, with Mr. Karan Sharma, Advocate.
For the Respondent:Mr. R.K. Gautam, Senior Advocate, with Mr. Jai Ram Sharma, Advocate.

JUDGMENT :

Virender Singh, J.

Appellants have filed the present Regular Second Appeal, against the judgment and decree, dated 11th September, 2007, passed by the Court of learned District Judge, Chamba Division, Chamba, H.P. (hereinafter referred to as the ‘First Appellate Court’), in Civil Appeal No. 36 of 2007, titled as Mehar Singh versus Desh Raj and another.

2. Vide judgment and decree, dated 11th September, 2007, the learned First Appellate Court has allowed the first appeal and reversed the judgment and decree, passed by the Court of learned Civil Judge (Senior Division), Dalhousie, District Chamba, H.P. (hereinafter referred to as the ‘trial Court’) in Civil Suit No. 56 of 2003, titled as Mehar Singh versus Desh Raj and another, whereby the learned trial Court has dismissed the suit of the plaintiff.

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. Plaintiff-Mehar Singh has filed the suit for permanent prohibitory injunction, restraining the defen

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