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2020 Supreme(P&H) 1863

ANIL KSHETARPAL
Narinder Kumar – Appellant
Versus
State of Haryana – Respondent


Advocates Appeared:
For the Appellant :Govind Chauhan, Advocate
For the Respondents: Siddharth Sanwaria, DAG

JUDGMENT :

Anil Kshetarpal, J.

1. This judgment shall dispose of two appeals bearing RSA Nos. 1631 and 1690 of 2017. Although, both the appeals are arising from different suits filed for the grant of identical reliefs, however, the issue involved in both the appeals is also common.

2. Learned counsel for the parties who are also common agree that both the appeals can be conveniently disposed of by a common judgment. For convenience, the facts are being considered from RSA No. 1631 of 2017 filed by Narinder Kumar.

3. The issue which arises for consideration is "whether the plaintiff-appellant can be granted any relief in the facts and circumstances of the present case?".

4. The State Government constructed a pucca road from Village Barsat to Village Jamalpur in the year 1975-76. In the year 2012, two identical suits were filed by the appellants for possession with consequential relief of mandatory injunction and with a further relief of permanent injunction. The prayer made in the plaint is extracted as under:-

    "It is, therefore, prayed that a decree for possession of the land about 13 marlas, which is part of land detailed in para no. 1 of the plaint above, with consequential relief a de

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