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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

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 04 kanals 17 marlas being 97/193 share, out of total area measuring 09 kanals 13 marlas, comprising in Khasra No.4366, as per jamabandi for the year 2010-11, as mentioned in the head note of the plaint.

4. The case of the plaintiff/respondent is that he purchased the suit property vide sale deed dated 08.10.1993 and 21.02.19

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