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2010 Supreme(P&H) 1219

ALOK SINGH
Harjeet Singh – Appellant
Versus
Mehar Singh – Respondent


Judgment

Alok Singh, J.

1. This is the second appeal filed by the defendants/appellants, assailing the judgment and decree dated 25.7.1987, passed by the first Appellate Court/Addl. District Judge, Patiala, thereby allowing the appeal filed by the plaintiff/respondent. Plaintiff and defendants have filed two suits against each other claiming permanent prohibitory injunction.

2. Both the suits filed by the plaintiff and defendants against each other bearing Civil Suit No. 11T/20.8.83 and Civil Suit No. 295/5.10.83 were consolidated, heard and decided by learned trial Court vide judgment and decree dated 4.6.1986. Learned trial Court dismissed the suit filed by the plaintiff restraining the defendants not to make interference in the possession of the plaintiff over the property in dispute; however, suit filed by the defendants against the plaintiff for permanent injunction was decreed by the learned trial Court, restraining the plaintiff not to make interference in the possession of the defendants.

3. Feeling aggrieved from the judgment dated 4.6.1986 passed by the learned trial Court, plaintiff preferred one appeal bearing C.A. No. 235 of 19.8.86 before the first Appellate Court chal































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