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2019 Supreme(P&H) 2562

RAJ MOHAN SINGH
Om Parkash – Appellant
Versus
Rohtash And Ors. – Respondent


Advocates Appeared:
Akshay Jindal, for the Appellant; Amit Jain, for the Respondent

JUDGMENT

Raj Mohan Singh, J. - Petitioner has preferred this revision petition against the order dated 04.08.2018 passed by the Addl. District Judge, Gurugram, vide which order dated 23.01.2018 passed by the trial Court was set aside and the application under order 39 Rules 1 and 2 CPC was dismissed.

2. Admittedly parties are co-sharers in the suit land. Plaintiff filed a suit for permanent injunction against the respondents on the ground that plaintiff is co-sharer in possession of 1/4th share of land measuring approximately 375 sq. yards shown in red and green colour in the site plan attached with the plaint. The aforesaid land is comprised in Khewat No. 264/258, Khatoni No. 307, Khasra No. 318 (0 Bigha 10 Biswa 0 Biswansi) situated in revenue estate of village Islampur, Tehsil and District Gurgaon (now Gurugram) as per jamabandi for the year 2005-06. Plaintiff further alleged that the aforesaid land (though Khasra No. 307 has been wrongly shown in place of Khasra No. 318) was partitioned amongst the co-sharers orally and all the co-sharers are in possession of their respective shares. Plot of the plaintiff is adjacent to the plot of the defendants on the northern side of the plot

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