Gulzar Singh vs Manga Singh - 2022 Supreme(P&H) 1268

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(P&H) 1268

ARCHANA PURI
Gulzar Singh – Appellant
Versus
Manga Singh – Respondent

Advocates:
Mr. Khushkaran Kumar, Advocate, for the applicants/petitioners.

JUDGMENT

Archana Puri, J. - The matter has been taken up through video conferencing in the light of COVID-19 pandemic.

2. The instant revision petition has been filed to assail the order dated 26.02.2019 (Annexure P-4) passed by learned Civil Judge (Jr. Divn.) and judgment dated 17.09.2021 (Annexure P-6) passed by learned Addl. District Judge, vide which an application as well as the appeal to challenge the order, so passed by the Civil Judge (Jr. Divn) had been dismissed.

3. Initially, petitioners/plaintiffs had filed suit for mandatory injunction, thereby directing the defendants no. 1 to 4 to remove the walls, as detailed in the plaint and also suit for permanent injunction, restraining the defendants No.1 to 4 from raising further construction in the site marked with letters A B C D E F, as shown in the site plan. Besides the same, also suit for possession to deliver the vacant possession of the site, as detailed therein had been filed. Along with the suit, an application under Order 39 Rules 1 and 2 read with Section 151 CPC was filed and the same was dismissed vide order dated 26.02.2019 passed by Civil Judge (Jr. Divn.).

4. An appeal filed to challenge the aforesaid order was al

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