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2009 Supreme(P&H) 870

RAJESH BINDAL
Hakam Singh – Appellant
Versus
Isham Singh – Respondent


Advocates:
For the Petitioners:Mr. Akshay Bhan, Advocate.
For the Respondents:Mr. Vijay Sharma, Advocate.

JUDGMENT

Rajesh Bindal J.:-The plaintiffs have approached this Court challenging the order dated 19.2.2009, whereby the application filed by respondents No. 1 to 3, being legal representatives of deceased-Nihalo for filing additional written statement, after they were brought on record as legal representatives after the death of Nihalo, has been accepted.

2. Briefly, the facts are that the predecessors-in-interest of the petitioners filed a suit for declaration and permanent injunction to the effect that they are owners in possession of the suit property, which was owned by Sadhu Singh. They further claimed in the pleadings that Smt. Sumerte was sister of Sadhu Singh and she had two daughters, namely, Nihalo and Parsini. Sumerte had pre-deceased Sadhu Singh. Initially, the suit was filed by the predecessors-ininterest of the petitioners against Nihalo and Parsini. It was claimed that as the predecessors-in-interest of the petitioners had served Sadhu Singh before his death, they were entitled to retain the property. Even otherwise, they being in possession of the property for the last more than 12 years had become the owners thereof by way of adverse possession, which was hostile to















































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