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2023 Supreme(P&H) 153

NAMIT KUMAR
Bhana Ram – Appellant
Versus
Gram Panchayat of Village Dhirana Majra – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Parveen Kumar, Abhimanyu Singh.
For the Respondents: Sunny Namdev, Rahul Dev Singh.

JUDGMENT :

NAMIT KUMAR, J.

1. Instant revision petition has been filed by defendant No. 1-petitioner under Article 227 of the Constitution of India impugning the order dated 24.11.2021 passed by the Court of learned Civil Judge (Senior Division), Bhiwani, whereby his defence has been struck off.

2. Briefly stated, facts relevant for the disposal of present revision are that plaintiff/respondents No. 1 to 3 filed a suit for declaration to the effect that plaintiffs are the exclusive owners of the new water pipeline and tubewell and its other equipment which is shown in yellow colour in the appended site plan with the plaint and also entitled to use the same exclusively supplying the drinking water in village in Dhirana Majra. It is pleaded in the suit that plaintiff No. 1 is the Sarpanch of Village Gram Panchayat Dhirana Majra, Bhiwani, Tehsil and District Bhiwani and plaintiffs No. 2 and 3 are the inhabitants of Village Dhirana Majra and also the members of Gram Sabha. Defendant No. 1-petitioner is the resident of Village Dhirana Kalan, Tehsil and District Bhiwani. It is further pleaded that revenue record and panchayats of both the villages are separate. In village Dhirana Majra, dri

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