Ramesh Kumar vs Om Prakash(deceased) through LRs

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(HP) 314

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
ROMESH VERMA
Ramesh Kumar – Appellant
Versus
Om Prakash(deceased) through LRs – Respondent

Advocates Appeared:
For the Appellants :Mr. Naveen K. Bhardwaj, Advocate.
For the Respondents:Mr. Ajay Kumar, Senior Advocate with Mr. Rohit, Advocate.

JUDGMENT :

Romesh Verma, J.

The present appeal arises out of the judgment and decree as passed by learned District Judge, Kangra at Dharamshala, dated 24.02.2018, whereby the appeal as preferred by the appellants/plaintiffs was dismissed and the judgment and decree as passed by learned Civil Judge (Junior Division)-II, Kangra, District Kangra, H.P. was affirmed.

2. Brief facts of the case are that the present plaintiffs/appellants filed a suit for possession against the defendants/respondents. It was averred in the plaint that the land bearing Khata No.102 min, Khatauni No.160, Khasra No.691, area measuring 0-24-08 hectares, marlas Rs.1.34 paise situated at Mohal Rasuh, Mauza Kuthar, Tehsil and District Kangra, H.P. is entered in the ownership and possession of the plaintiffs as is clear from the entries contained in the column of possession of the jamabandi for the years 1990-91. The predecessor-in-interest of the defendants had suffered a decree for permanent prohibitory injunction in case No.79 of 1977 vide judgment and decree dated 16.05.1981. There was interference by the defendants and the said judgment and decree was put into execution by filing Petition No.18 of 1986. A Local