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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
VIRENDER SINGH
Shashi Prabha – Appellant
Versus
Ramesh Parkash – Respondent
| Table of Content |
|---|
| 1. introduction to the case and factual background. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. plaintiffs' claims regarding tenancy and property. (Para 7) |
| 3. defendant's response and counterclaim. (Para 8 , 10) |
| 4. trial court proceedings and initial judgments. (Para 14 , 16 , 22) |
| 5. challenges to the appellate court's judgment. (Para 18 , 21 , 29 , 30) |
| 6. res judicata and appeal principles discussion. (Para 28 , 31 , 32) |
| 7. conclusion and order by the court. (Para 33 , 34 , 35 , 36 , 37) |
Virender Singh, J.
1. Appellant-Shashi Prabha has preferred the present Regular Second Appeal, against the judgment and decree dated 27.12.2011, passed by the Court of learned District Judge, Kinnaur, Civil Division at Rampur Bushahr, Himachal Pradesh (hereinafter referred to as the ‘learned First Appellate Court’), in Civil Appeal No.44 of 2010, titled as ‘Ramesh Prakash & Others Versus Mohinder Singh & Another’.
2. Vide judgment and decree dated 27.12.2011, the learned First Appellate Court has allowed the appeal, by decreeing the suit, filed by respondents No.1 to 5 and dismissed the counter-claim, filed by the appellant, by granting the following relief:-
“34. As a sequel to my findings on t
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