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2018 Supreme(P&H) 1636

AMOL RATTAN SINGH
Satpal Kaur – Appellant
Versus
Joginder Singh – Respondent


Advocates:
Advocate Appeared:
For the Petitioners:Mr. Chander Shekhar, Advocate for Mr. D.R. Punia, Advocate.

JUDGMENT :

AMOL RATTAN SINGH, J.

This regular second appeal has been filed by the two plaintiffs in a suit that was first decreed in their favour by the learned Civil Judge (Jr.Div.), Nakodar, on 13.12.2012, but with that judgment and decree reversed by the Ist Appellate Court vide its judgment and decree dated September 23, 2015, thereby dismissing the suit.

2. The appellants-plaintiffs had sought a decree to permanently injunct and restrain the respondents-defendants from interfering in their 'peaceful possession of land measuring 106 kanals 14 marlas', fully described in the head note of the plaint. They specifically sought that no construction should be raised over the suit property without partition of the land in dispute, by metes and bounds, as may be ordered by a Court or competent authority.

In the alternative, they sought a decree of mandatory injunction, directing the defendants to remove the foundation of the land in dispute, which as per the plaintiffs, had been filled on the back of the applicants' land without getting the land partitioned.

3. As per the case of the plaintiffs, they are co-sharers in possession of the suit land but not being able to derive full benefit of


































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