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2010 Supreme(All) 2036

V.K.BIST
RAJEEV BERRY – Appellant
Versus
ADDL. DISTRICT JUDGE – Respondent


Advocates Appeared:
Counsel for the Petitioners: Ram Ji Srivastava.
Counsel for the Respondents: Sudhir Kumar, Brief Holder, M.M. Lamba and Neeraj Garg.

JUDGMENT :

V.K. BIST, J. –

Present petition has been filed by the petitioner challenging the order dated 13.4.2007 (annexure No.7), passed by Civil Judge (Sr. Div.), Dehradun as well as the judgment and order dated 31.5.2007 (Annexure No.9) passed by Addl. District Judge/1st F.T.C., Dehradun.

2. Concisely, the facts of the case are that the respondent No.5, namely, Smt. Radhika Sarin was the owner and in possession by virtue of sale-deed dated 30.3.2000 over 0.26 acres of land of Khasra No. 512M., situated at Mauja Dhakpatti, Pargana-Kendriyadoon, District Dehradun. As the respondent Nos. 3 and 4 were trying to interfere in Smt. Radhika Sarin's possession over the land in dispute, she on 30.4.2003, instituted Original Suit No. 239 of 2003, Smt. Radhika Sarin v. Rajesh Kumar Srivastava and another against respondent Nos. 3 and 4 in the Court of Civil Judge (Sr. Div.) Dehradun seeking permanent injunction restraining them from interfering in her peaceful possession and ownership over the land in dispute. Notices were Issued to the defendants by the Trial Court and after filing the written statement of respondent No.4, the Trial Court vide order dated 8.5.2003, directed the parties to
























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