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2023 Supreme(P&H) 1105

ALKA SARIN
Om Parkash – Appellant
Versus
Gram Panchayat, Village Nahri – Respondent


Advocates appeared:
Mr. Arun Bansal, Advocate for the petitioners.

ALKA SARIN, J.

1. The present revision petition has been filed challenging the order dated 18.08.2021 passed by the First Appellate Court and order dated 02.08.2016 passed by the Trial Court whereby the application filed by the plaintiff-petitioners under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 has been dismissed.

2. The brief facts relevant to the present lis are that the plaintiff-petitioners filed a suit for permanent injunction for restraining the defendant-respondents from interfering in their peaceful possession over a residential house as detailed in the plaint and further for restraining the defendant-respondents from dispossessing the plaintiff-petitioners illegally and forcibly. Along with the suit an application for interim injunction was filed. The plaintiff-petitioners claimed themselves to be the permanent residents of village Nahri, Tehsil and District Sonepat and owners in possession of residential house-cum-plot measuring 305 square yards situated within the Lal Dora of village Nahri. It was further averred that the father of the plaintiff-petitioners during his lifetime raised construction of pacca boundaries upto the height of about 10 feet a

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