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IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA
Ajay Mohan Goel
Sucharita – Appellant
Versus
Gian Chand – Respondent
| Table of Content |
|---|
| 1. specific performance suit details. (Para 2) |
| 2. defendant's resistance basis. (Para 3) |
| 3. trial court's issues and findings. (Para 4 , 5 , 6) |
| 4. appellate court's interpretation of necessary parties. (Para 8) |
| 5. dismissal of the appeal due to lack of merit. (Para 10) |
JUDGMENT :
Ajay Mohan Goel, J.
1. By way of this appeal, the appellant has assailed the judgment and decree passed by the Court of learned Additional District Judge, Kullu, passed in Civil Appeal No. 22 of 2023, titled as Gian Chand vs. Sucharita , decided on 31.10.2023, in terms whereof, the appeal filed against the judgment and decree passed by the Court of learned Civil Judge, Kullu, District Kullu, in Civil Suit No. 71 of 2021), titled as Gian Chand vs. Smt. Sucharita, dated 17.11.2022, was set aside by learned Appellate Court and the suit of the appellant before it was decreed.
2. Brief facts necessary for the adjudication of this appeal are that the respondent/plaintiff herein filed a suit for specific performance on the ground that the land measuring 2-6-0 bigha comprised in Khasra No. 437, Khata No. 7, Khatauni No. 43, Phati Haat Kothi Bajoura, Tehsil and District Kullu, to the extent of 12/46 share,
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