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2024 Supreme(HP) 439

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
VIRENDER SINGH
Shashi Prabha – Appellant
Versus
Ramesh Parkash – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Shivank Singh Panta, Advocate
For the Respondent:Mr. Vivek Sharma, Advocate

JUDGMENT

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 the above points, this appeal succeeds and I allow it with the result, the impugned judgment and decree of the learned trial Court are set aside and the suit of the plaintiffs for permanent prohibitory injunction is decreed and the defendants are restrained from dismantling the premises, situated on land comprising Khata KhatoniNo.205/408, Khasra No.1045, in Mauza Muhal, Tehsil Kumarsain, District Shimla, H.P, till the plaintiffs are got evicted therefrom in accordance with law. The decr

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