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2024 Supreme(HP) 408

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
TARLOK SINGH CHAUHAN, J
Chief Manager (Authorized Officer) Indian Bank – Appellant
Versus
Kuldeep Kumar Guleria – Respondent


Advocates:
Advocate Appeared:
For the Petitioners:Mr. Sanjay Dalmia, Advocate.
For the Respondent:Mr. Ajay Kumar, Sr. Advocate with Mr. Rohit, Advocate.

JUDGMENT :

Tarlok Singh Chauhan, J.

1. This petition under Article 227 of the Constitution of India is directed against the order passed by the learned Senior Civil Judge, Court No. 1, Kangra, District Kangra in Civil Suit No.271/2023, titled as Kuldeep Kumar Guleria and others vs. Indian Bank and Ors., whereby the application filed by the petitioner under Order 7 Rule 11(d) of the CPC for rejection of plaint has been ordered to be dismissed.

2. The brief facts of the case are that the respondents/plaintiffs filed a suit under Section 34 to 38 of the SPECIFIC RELIEF ACT for grant of permanent prohibitory injunction against the petitioners/defendants to the effect that the land bearing Khata No. 875, Khatauni No. 1114, Khasra No. 564, 565 Kita 2 area measuring 0-12-50 hec. Situated at Mohal Rajiana Khas, Tehsil Nagrota Bhagwan, District Kangra, and land bearing Khata No. 432, Khatauni No. 665, Khasra No. 361, area measuring 0-03-25 hec. Situated at Mohal Jhikla Badh, Tehsil Palampur, District Kangra as per jamabandi for the year 2017-18. The respondents/plaintiffs No.r 2 and 3 are co-sharer of the above land and the plaintiff No. 1 had established a registered cooperative society on

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