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2022 Supreme(P&H) 1558

MANOJ BAJAJ
Nachhattar Kaur – Appellant
Versus
Satwant Singh Bhangoo – Respondent


Advocates appeared:
Mr. Kanwaljit Singh, Senior Advocate with Ms. Neha Anand Mahajan, Advocate, Mr. Munish Jolly, Advocate, for the Appellant; Mr. M.L.Saggar, Sr. Advocate with Ms. Armaan Saggar, Mr. Rohit Joshi, Mr. T.S.Sullar and Mr. Sunny Saggar, Advocates, for the Respondent.

JUDGMENT

Manoj Bajaj, J. - Appellants (defendants) have filed the above separate appeals to challenge the judgment and decree dated 23.04.2007 passed by the First Appellate Court, whereby judgment and decree dated 02.06.2005 passed in civil suit No.28 dated 08.06.1993 by Civil Judge (Junior Division), Ludhiana dismissing the suit filed by plaintiff (respondent No.1) seeking declaration as well as permanent injunction, was reversed. The appellate Court while accepting the appeal by plaintiff also proceeded to dismiss the cross objection bearing Nos.3 and 4 filed by defendants.

2. Briefly, the facts of the case are that Satwant Singh Bhangoo (plaintiff) filed a suit for declaration claiming himself to be owner in possession of land measuring 76 kanals 17 marlas comprised in khewat No.381, 382, khatauni No.456, Rect.No.57, killa No.13, 14, 15 Rect.No.58, killa No.11, Rect.No.59 killa No.22/1, Rect. No.60, killa No.4, 5/2, 6, 15, 16/1, 16/2, 16/3, 25/1, situated at Mullanpur, who alternatively prayed for a decree for possession of the suit property, and as a consequential relief prayed for a decree for permanent injunction restraining the defendants from selling, mortgaging, gifting or a

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