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2024 Supreme(HP) 403

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Virender Singh
Ram Pyari – Appellant
Versus
Amar Singh – Respondent


Advocate Appeared:
For the Appellant :Ms. Sunita Sharma, Senior Advocate, with Mr. Dhananjay Sharma and Mr. Twarsu, Advocates.
For the Respondent:Mr. Rajesh Kumar Gautam and Mr. Pawan Gautam, Advocates,

JUDGMENT :

Virender Singh, J.

1. Appellant-Ram Pyari has filed the present Regular Second Appeal, before this Court, against the judgment and decree, dated 7th July, 2004, passed by the Court of learned District Judge, Bilaspur, Himachal Pradesh (hereinafter referred to as ‘the First Appellate Court’), in Civil Appeal No. 71 of 1997, titled as Rampyari versus Amar Singh and others.

2. Vide judgment and decree, dated 7th July, 2004, the learned First Appellate Court has dismissed the appeal, filed by appellant-Rampyari, against the judgment and decree, dated 29th May, 1997, passed by the Court of learned Sub Judge First Class, Bilaspur, H.P. (hereinafter referred to as ‘the trial Court’), in Case No. 29/1 of 1993, titled as Amar Singh and another versus Ram Piari and others.

3. By way of judgment and decree, dated 29th May, 1997, the suit filed by the plaintiffs has partly been decreed, by the learned trial Court, by granting the following relief:

“34. For the reasons recorded hereinabove while discussing abovesaid issues, the suit of the plaintiffs is partly decreed to the effect that plaintiffs are joint owners in possession alongwith defendant Ram Piari and Daya Ram qua the suit land

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