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2018 Supreme(P&H) 1883

HARI PAL VERMA
MANGAT RAM – Appellant
Versus
MADAN LAL – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Vikas Bali, Advocate

JUDGMENT & ORDER :

HARI PAL VERMA, J.

1. Petitioner has filed the present revision petition under Article 227 of the Constitution of India impugning the order dated 04.12.2017 (Annexure P-10) passed by the learned Civil Judge (Jr. Divn.) Jalandhar, whereby an application filed by the petitioner in the execution proceedings raising an objection that the decree and execution have been obtained by fraud and forgery, was dismissed.

2. Briefly stated, the respondent-plaintiff has filed a suit for mandatory injunction directing the petitioner-defendant to remove the encroachment made by him and for restoring the goods of the plaintiff in shop bearing No. 4051 measuring about 2 marlas as shown in the site plan. A separate suit for permanent injunction has also been filed by respondent-plaintiff for restraining the petitioner from creating any third party interests or rights over the shop in question or changing its nature. Stay of further alienation or transferring the property in any manner was also prayed for. The said suit was decreed by the trial court on 30.11.2013 with a direction to the petitioner-defendant to remove the encroachment and had also allowed the restoration of goods of th






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