Shiv Dayal vs Kanshi Ram - 2026 Supreme(HP) 57

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(HP) 57

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Shiv Dayal – Appellant
Versus
Kanshi Ram – Respondent

Advocates Appeared:
For the Appellants :Mr R.K. Bawa, Senior Advocate, with Mr Abhinav Thakur, Advocate.
For the Respondents:Mr Bhupinder Gupta, Senior Advocate, with Mr Harshit Sharma, Advocate.

Judgment :

Rakesh Kainthla, J.

The present appeal is directed against the judgment dated 10.01.2012 passed by the learned Additional District Judge (Fast Track Court), Mandi, District Mandi, H.P. (learned Appellate Court) vide which the judgment and decree dated 30.11.2010 passed by learned Civil Judge (Junior Division) Chachiot at Gohar, Mandi, District Mandi, H.P. (learned Trial Court) were set aside. (Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience.

2. Briefly stated, the facts giving rise to the present appeal are that the plaintiffs filed a civil suit before the learned Trial Court seeking a declaration that the Wills dated 20.03.2007 and 11.04.2007 stated to have been executed by Dharam Chand were null and void, which had no binding effect upon the plaintiffs’ rights. A decree for possession was also sought in case the defendants succeeded in forcibly dispossessing the plaintiffs. A consequential relief of permanent prohibitory injunction for restraining the defendants from interfering in the suit land described in para 1 of the plaint was also sought.

3. It was asserted that the suit land was owned a