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2015 Supreme(P&H) 1115

K.KANNAN
Hukam Chand – Appellant
Versus
Daya Ram – Respondent


Advocates:
For the Appellant:Mr. Sanjay Mittal, Advocate.

JUDGMENT

Mr. K. Kannan, J.: (Oral) - The plaintiffs are the appellants before this court. The plaintiffs had filed a suit for injunction claiming them selves to be in possession of a vacant land and sought for mandatory injunction for removal of construction made by defendants 1 to 3. The plaintiffs claim that the defendants usurped the possession of the other portion also during the pendency of the suit. The defendants set up a plea of adverse possession and stated that they had been in possession of the property by putting up construction and enjoying the same for well over the statutory period of 12 years. The suit was originally decreed and the defendants preferred appeals in CA No. 44 of 2012 and Civil Appeal No. 21 of 2012. Both the appeals were allowed dismissing the suit and finding the plaintiffs as having not proved their title in the property and the relief sought for by them cannot be granted. The present appeal is against the judgment in CA No. 21 of 2012 and the counsel says that the decree sheet in appeal No. 44 has not been prepared as yet and hence the appeal was not brought along side the present appeal.

2. The counsel at the first place points out before me that



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