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2010 Supreme(P&H) 1363

L.N.MITTAL
Malkit Singh – Appellant
Versus
Lal Singh – Respondent


Advocates:
For the Appellants:Mr. S. S. Joshi, Advocate.

JUDGMENT

L. N. Mittal, J. (Oral).:- C. M. No. 4166-C of 2010 :

For reasons mentioned in the application, which is accompanied by affidavit, delay of 19 days in re-filing the appeal is condoned.

C. M. No. 4167-C of 2010 : Allowed as prayed for.

C. M. No. 4168-C of 2010 :

Deficiency in court fee has already been made good.

Allowed as prayed for.

C. M. No. 4169-C of 2010 :

Application is allowed and Annexures P-1 and P-2 are taken on record, subject to all just exceptions.

C. M. No. 4170-C of 2010 and Main Appeal :

Defendants Malkit Singh and Inder Singh, having remained unsuccessful in both the courts below, have filed the instant second appeal.

2. Respondents Lal Singh etc. filed suit for possession of 1 karam x 3 karams area out of khasra no. 125//4/8 (0-3) and three marlas land of khasra no.125//4/9 (0-3) alleging that plaintiffs are owners of the said land, but the defendants forcibly encroached thereupon in May 2005 in spite of status quo order granted by the trial court in another suit for permanent injunction instituted by the plaintiffs against the defendants.

3. The defendants inter alia pleaded that they are owners in possession of the adjoining land of khasra nos. 125//4/1







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