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2014 Supreme(P&H) 785

PARAMJEET SINGH
Ujjagar Singh – Appellant
Versus
Malkiat Singh – Respondent


Advocates:
Advocate Appeared
Mr. Ashok Jindal, Advocate, for the appellants.
Mr. Raman Sharma, Advocate, for the respondents.

Judgment

PARAMJEET SINGH, J.

This regular second appeal by plaintiffs is directed against the judgment and decree dated 15.09.2009 passed by learned Additional District Judge, S.A.S. Nagar, Mohali, whereby the appeal preferred by the defendants has been allowed and the judgment and decree dated 08.04.2008 decreeing the suit of the plaintiffs, passed by learned Civil Judge (Junior Division), S.A.S. Nagar, Mohali, has been set aside and the suit of the plaintiffs has been dismissed.

For convenience sake, reference to parties is being made as per their status in the civil suit.

The detailed facts of the case are already recapitulated in the judgments of the Courts below and are not required to be reproduced.

However, the facts relevant for disposal of this second appeal are to the effect that plaintiffs filed a suit for possession of 1/2 share of land in khasra No.594 (0-7) situated at village Manauli, Tehsil Mohali, District Ropar, by way of partition and for permanent injunction and directing the defendants to remove the earth from the common well in the suit property. Long and short of the matter is that parties are recorded co-owners in the suit land and plaintiffs have half share
























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