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2010 Supreme(P&H) 2320

ALOK SINGH
Kailash Chand Milttal – Appellant
Versus
Tirath Parkash Mittal – Respondent


Judgment

Alok Singh, J.

1. Present petition is filed challenging the order dated 31.03.2010 passed by the learned Additional Civil Judge (Senior Division), Yamuna Nagar at Jagadhri (Executing Court) whereby issuing the warrant of possession in respect of the room in question. The brief facts of the present case are that the plaintiffs decree holders filed Civil Suit No.673 of 1997 in the Court of Civil Judge (Junior Division), Jagadhri, seeking permanent prohibitory injunction restraining defendant Nos. 1 to 3 from interfering in the actual physical possession of the plaintiffs over the portion of the property bearing No. M.C.J. 1241 shown with letters ABCHEFGHI in the rough site plan attached with the plaint and also sought mandatory injunction directing defendant nos. 1 to 3 to reconstruct the forcibly demolished wall X-Y as shown in the site plan attached with the plaint. The suit filed by the plaintiffs was partly decreed by the learned Trial Court vide judgment and decree dated 01.04.2006. While decreeing the suit, the learned Trial Court has passed the following judgment:-

"In view of above discussion, the suit of the plaintiffs partly succeeds and is hereby decreed with no or

































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