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2025 Supreme(HP) 488

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE BIPIN CHANDER NEGI
Beena Thakur – Appellant
Versus
Gulab Singh (deceased) through LR – Respondent


Advocates Appeared:
For the Appellants :Mr. Nitin Sood, Advocate.

JUDGMENT :

(Bipin Chander Negi, J.)

The appellant by filing this appeal under Section 100 of the Code of Civil Procedure has assailed the judgement and decree dated 30.11.2024, passed by the learned Additional District Judge, Solan, HP in Civil Appeal No.27-S-13/23(18), whereby the judgment and decree dated 29.03.2018 in Civil Suit No. 153/1 of 2008 passed by the learned Civil Judge, Court No.1, Solan, District Solan, H.P. was affirmed.

2. The appellants before this Court were the plaintiffs before the trial Court. The facts leading up to the present appeal are that the plaintiffs instituted a suit seeking a declaration that plaintiff No.1 is the legally wedded wife of the defendant and the plaintiffs No.2 and 3 are the legitimate children of the defendant, born out of the said wedlock. Additionally, they sought a declaration that the findings of the learned Judicial Magistrate First Class in proceedings under Section 125 of the Cr.P.C. regarding the marital status of plaintiff No.1 and the legitimacy of plaintiffs No. 2 and 3 were erroneous and null and void. The material facts, as set out in the plaint, revealed that in the year 1985, the marriage of plaintiff No.1 (a resident of vi

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