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2016 Supreme(P&H) 2973

DARSHAN SINGH
Punnu Ram – Appellant
Versus
Kashmir Singh – Respondent


JUDGMENT :

Darshan Singh, J.

1. This judgment of mine shall dispose of both the Regular Second Appeals mentioned above as both these appeals have arisen out of the same judgment dated 12.05.2010 passed by the learned Additional District Judge, Karnal, whereby the appeal filed against the judgment and decree dated 31.03.2009 passed by the learned Additional Civil Judge (Sr. Division) has been allowed.

2. For the sake of convenience, the status of the parties is being mentioned as in the original suit.

3. Plaintiff-respondent no. 1-Kashmir Singh has filed the suit for permanent injunction restraining defendant no. 1-Harbhajan Singh (now deceased) from blocking the road, flow of water and access to his house from the gate fixed on the rear side of his house no. 496, New Prem Nagar, Karnal. Further relief has been sought restraining defendant no. 1 from raising construction on the rear wall of the house of the plaintiff.

4. As per averments of the plaint, the plaintiff is owner in possession of house no. 496, New Prem Nagar, Karnal, vide sale-deed no. 3958 dated 17.01.1974. He raised the construction of the plot after getting the site plan sanctioned from the office of Municipal Council, Ka
























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