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2019 Supreme(P&H) 2231

ARUN PALLI
Ashok Kumar – Appellant
Versus
Brij Bhushan Handa – Respondent


Advocates Appeared:
Ms. Maninder Kaur, Advocate, for the Appellant

JUDGMENT

Arun Palli. J. (Oral) - Suit filed by the appellant-plaintiff was dismissed by the Trial Court, vide judgment and decree, dated 25.03.2016, as even the appeal preferred against the said decree failed, and was dismissed on 25.09.2018, he is before this Court in Regular Second Appeal. Parties to the lis, hereinafter shall be referred to by their original position in the suit.

2. A decree for injunction was prayed for restraining the defendant from raising any construction/encroachment upon the public street, shown in Red colour in the site plan appended with the plaint, situated within Lal Lakir of village Jadla, Tehsil and District Nawanshahr. Further, directing the defendant to demolish the wall 'AB' from the street, shown in Red colour.

3. In brief, the case set out by the plaintiff was that one Kishori Lal had purchased a house, shown in Blue colour in the site plan, vide sale deed dated 23.07.1962. Plaintiff was also owner of a house situated on the northern side of the house of Kishori Lal. The sale deed, dated 23.07.1962, executed in favour of Kishori Lal was accompanied by a site plan of the said property, which showed existence of a street (as depicted in Red colour

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