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2016 Supreme(P&H) 3272

RAJ MOHAN SINGH
Surinder Singh – Appellant
Versus
Balwant Singh – Respondent


Advocates Appeared:
For the Appellant :Aayush Gupta, Advocate.

JUDGMENT :

RAJ MOHAN SINGH, J.

1. Petitioner has assailed order dated 13.09.2016 passed by Civil Judge (Jr. Divn.) Ludhiana whereby petition under Order 21, Rule 32 CPC filed by the petitioner was dismissed.

2. Petitioner filed a civil suit No. 122 of 15.05.1993 against the respondents for declaration and permanent injunction in respect of the suit land. Similarly, the respondents also filed civil suit No.216 of 10.05.1993 against the petitioner for permanent injunction restraining the petitioner from interfering and encroaching upon the land and also restraining from installing a door in the wall. Both the aforesaid civil suits were clubbed and were decided vide common judgment. Civil suit filed by the petitioner was decreed and the civil suit of the respondents was dismissed. It was concluded in the suit filed by the petitioner that the petitioner was owner in possession of the property as shown in yellow colour in the site plan Ex.DW-4/A. Permanent injunction was also granted against the respondents, restraining them from interfering in the possession of the petitioner. The judgment and decree was passed by the trial Court on 06.10.2006. The respondents filed civil appeals before t







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