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2006 Supreme(P&H) 3465

VINOD K.SHARMA
Gaurdev Singh – Appellant
Versus
Gram Panchayat Of Village Pabala – Respondent


Judgment

Vinod K.Sharma, J.

1. The petitioner has challenged the order dated 8-06-2006 passed by the Additional District Judge, Kaithal, vide which the appeal filed by respondents No. 1 and 2 herein against the order dated 27-04-2006 passed by the learned Additional Civil Judge (Sr. Divn.) Kaithal, granting ad-interim injunction in favour of the petitioners, was allowed and the application moved by the petitioners under Order 39 Rules 1 & 2 of the Code of Civil Procedure was dismissed.

2. The suit was filed by the petitioner and respondent No. 3 for permanent injunction against the defendant-respondents under Order 1 Rule 8 CPC on the allegation that the suit land detailed in para 1 of the plaint was under the ownership of the plaintiffs-petitioner being proprietors/Biswedars of village and, therefore, they had got every right in the suit land. It was also pleaded that they had got share in the suit land being Jumla Malkan Bah Hakrast-Rakba and they had the interest in the suit land.

3. As the proprietors are numerous in number, the suit was filed in representative capacity.

4. The case set up was that the suit land was mutated in favour of Gram Panchayat, Pabala, vide mutation No.







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