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2023 Supreme(P&H) 1611

GURBIR SINGH
Jagjit Singh – Appellant
Versus
Jasbir Singh – Respondent


Advocates appeared:
For the Parties : Mr. B.D. Sharma

Table of Content
1. condonation of delay application allowed. (Para 1)
2. details of the factual background provided. (Para 2 , 3 , 4 , 5)
3. right of co-sharers and exclusive possession affirmed. (Para 6 , 8 , 9)
4. court's analysis upheld lower court's judgment. (Para 7 , 10)
5. appeal dismissed as without merit. (Para 11 , 12)

Judgment

Mr. Gurbir Singh, J.

1. CM No.5685-C of 2019 : This is application under Section 151 CPC for condonation of delay of 51 days in re-filing the present appeal. For the reasons mentioned in the application, the same is allowed and delay of 51 days in re-filing the present appeal is condoned. The application stands disposed of.

2. Main Appeal : This Regular Second Appeal has been filed against the concurrent finding of facts recorded by both the Courts below, whereby suit filed by the plaintiff/respondent for permanent injunction was decreed and appeal filed by the defendants/appellants was dismissed.

3. The brief facts, necessary for disposal of the present appeal, are that the plaintiff/respondent Jasbir Singh filed a suit for permanent injunction for restraining the defendants/appellants from taking forcible possession of the land-cum-haveli, measuring

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