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2023 Supreme(P&H) 3453

SURESHWAR THAKUR, KULDEEP TIWARI
Raj Bala – Appellant
Versus
State of Haryana – Respondent


Advocates Appeared:
Mr. Vivek Lamba, Advocate; For the Petitioners
For the Respondent: Mr. P.P. Chahar, DAG, Haryana.

JUDGMENT

Sureshwar Thakur, J. (Oral)

Despite co-respondent No.6 being served, the said respondent is not appearing through any validly authorized counsel. Therefore, the co-respondent No.6 is ordered to be proceeded against ex parte.

2. The present petitioners are the owners of Khasra No.154. A 'Gair Mumkin Street' exists on Khasra No.131. The above referred khasra numbers are comprised in Khewat No.570, Khatauni No.777, Rect. and Killa No.131(2-5), in the revenue estate of Village Soldha, Tehsil Bahadurgarh, District Jhajjar. The Gram Panchayat concerned, as revealed by Annexure P-7, instituted a suit for permanent injunction, before the ld. Civil Judge concerned, impleading thereins, one Rajbala, one Manjeet, and, one Naveen, as defendants. However, the dispute as reared in the said suit for permanent injunction, did relate, to the defendants (supra) making an encroachment upon Khasra No.131, which as above stated, is designated as a 'Gair Mumkin Street', and, which is owned and possessed by the Gram Panchayat concerned. However, the learned Civil Judge, through a decision made on 22.02.2019, upon the said civil suit, did not grant the espoused relief to the plaintiff, but yet, pro

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