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2019 Supreme(P&H) 1978

SANJAY KUMAR
Balbir Singh And Others – Appellant
Versus
Harmanjeet Singh And Another – Respondent


Advocates Appeared:
H.S. Bedi, Adv., Rakhi Sharma, Adv., Karanveer Singh, Adv., Manveer Singh, Adv.

JUDGMENT

Sanjay Kumar, J. - Arising out of interlocutory orders passed in the same suit, these two revisions are amenable to disposal by way of this common order.

2. The petitioners in these cases are the same. They are the defendants in the Civil Suit bearing old Case No. CS/2506951/2009, which is presently on the file of the learned Civil Judge (Junior Division), Amritsar (hereinafter, 'the trial Court'). The said suit was originally filed by late Rajinder Singh and after his death, Harmanjeet Singh, his son, was brought on record as his legal representative.

3. This suit was filed for a mandatory injunction directing the defendants to remove the machinery and the furnace/Bhathi, which was installed by them in the basement of the residential house bearing No.5124- 25, situated at Gali No.2, Habibpura, Sultanwind Road, Amritsar. A permanent injunction was also sought restraining the defendants from doing any kind of commercial work/business in the said basement through use of the machinery and the furnace/Bhathi. A consequential mandatory injunction was also sought directing the defendants to fill in/demolish the unauthorized basement constructed by them.

4. An interlocutory applic

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