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2011 Supreme(P&H) 1290

HEMANT GUPTA
Rakesh Pal Kaushik – Appellant
Versus
Brish Bhan – Respondent


Advocates:
Present:Mr. Dinesh Paul Kaushik, Advocate for the Petitioner No. 5, in person and for Petitioners No. 1, 3 to 10
Mr. Narinder Paul Kaushik, Advocate for the Petitioner No. 2

JUDGMENT

Mr. Hemant Gupta, J.: (Oral) - Defendants are in revision aggrieved against an order passed by learned trial Court on 17.5.2010, whereby an application for recalling of an earlier order was dismissed.

2. The case has a chequered history. Earlier, the predecessor-ininterest of the defendant-petitioners filed two suits for permanent injunction restraining the present plaintiffs from dispossessing the plaintiff from the plot, alienating, mortgaging or in any manner transferring the plot shown by letters ABCD in the site plan. The first suit bears No. 1235-T/93 dated 29.3.1989 and the second suit No. 999-T/93 dated 10.9.1988.

3. In both the suits, one of the issues framed was whether the plaintiffs therein are the owners in possession of the suit property. Both the suits were decided on 23.4.1997, wherein on the basis of the possession, the suit for injunction was decreed. However, a finding was recorded that the plaintiffs are not the owners of the suit property. The defendants filed an appeal before the learned First Appellate Court. Both the appeals were dismissed on 26.7.2002. Defendants again filed two appeals i.e. RSA No. 36 of 2003 and 34 of 2003 before this Court which










































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