Naresh Chand vs Kalashan Devi - 2026 Supreme(HP) 304

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(HP) 304

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
ROMESH VERMA
Naresh Chand – Appellant
Versus
Kalashan Devi – Respondent

Advocates Appeared:
For the Appellants :Mr. Vivek Thakur, Advocate.
For the Respondent:Mr. Jagdish Thakur, Advocate.

Table of Content
1. plaintiff's land encroached by defendants; demarcation confirmed (Para 1 , 2 , 3 , 12)
2. demarcation report invalid; non-compliant with rules (Para 4 , 13 , 14)
3. lower courts decreed possession for plaintiff (Para 5 , 7 , 8 , 9 , 10 , 11)
4. witnesses affirm valid demarcation and encroachment (Para 15 , 16 , 17 , 18 , 19)
5. report complies with financial commissioner instructions (Para 20 , 21)
6. plaintiff entitled to possession and injunction (Para 22 , 23)
7. no interference with concurrent findings in second appeal (Para 24 , 25 , 26 , 27)

JUDGMENT :

ROMESH VERMA, J.

The present Regular Second Appeal arises out of the judgment and decree as passed by the learned District Judge, Kangra at Dharamshala, District Kangra, H.P. dated 07.04.2025, whereby the appeal preferred by the appellants/defendants has been ordered to be dismissed and the judgment and decree as passed by the learned Senior Civil Judge, Dharamshala, Disrict Kangra, H.P. dated 29.09.2023, whereby the suit filed by the plaintiff was ordered to be decreed, has been affirmed.

2. Brief facts of the case are that respondent- plaintiff Kalashan Devi wife of Sh. Pritam Chand filed the suit for Permanent Prohi