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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
ROMESH VERMA
Kamla Devi – Appellant
Versus
Sheela Devi – Respondent
Judgment :
Romesh Verma, J.
The present appeal arises out of judgment and decree as passed by the learned District Judge, Mandi, dated 05.03.2024, whereby the appeal filed by the present appellant has been dismissed and the judgment and decree as passed by learned Senior Civil Judge, Court No.1, Mandi, District Mandi, H.P. dated 22.08.2023 has been affirmed.
2. Brief facts of the case are that the plaintiff/appellant filed a suit for permanent prohibitory injunction and mandatory injunction under Sections 38 & 39 of the Specific Relief Act in the Court of learned Senior Civil Judge, Court No.1, Mandi, H.P. on 18.11.2016. It was averred in the plaint that the suit land is joint between the parties, therefore, the defendants/respondents be restrained by way of permanent prohibitory injunction from constructing or changing the nature of the suit land and in the event of any construction during the pendency of suit, mandatory injunction directing the defendants/respondents to demolish the structure and restore the suit land to its original position. The suit was filed with respect to Khewat Khatauni No.153/171, Khasra No.633/1, measuring 5.8.5 bighas, situated in Muhal Chadyara, Hadbast N
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