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2019 Supreme(P&H) 1690

REKHA MITTAL
Babu Lal – Appellant
Versus
Ram Pyari – Respondent


Advocates Appeaerd:Mr. Rakesh Dhiman, Advocate for the appellants.
Mr. Sudhir Aggarwal, Advocate, for the respondents.

JUDGMENT

Mrs. Rekha Mittal, J.:- Challenge in the present appeal has been directed against judgment and decree dated 31.5.2012 passed by the Additional District Judge, Gurgaon whereby appeal against the judgment and decree dated 26.2.2011 passed by the trial court decreeing suit of the plaintiffs-appellants and dismissing counter claim filed by the defendants/respondents was accepted, judgment and decree impugned were set aside and suit filed by the appellants-plaintiffs was dismissed and counter claim preferred by the respondents-defendants was allowed.

2. The facts relevant for disposal of present appeal are that the plaintiffs filed suit for permanent injunction restraining defendantsrespondents from raising pucca wall from point E to D and F to C and some portion of killa No. 11/1 of Rect. No. 27 or to change nature of suit property. It is also prayed that in case the defendants are successful in doing so, mandatory injunction may be granted directing the defendants to remove the same from suit property. It is averred that plaintiffs along with other co-sharers are in joint possession of land comprised in killa No. 14/3 (3-16), 14/1(2-18), 15 (8-8) Rect. No. 27, Killa No. 11/1 (

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