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2009 Supreme(UK) 7

MARKANDEY KATJU, V.S.SIRPURKAR
ABDUL REHMAN SHORA (D) BY LRS. & ORS. – Appellant
Versus
STATE OF J & K – Respondent


For the Appellants :Mr. M.L. Bhat, Sr. Adv., Ms. Purnima Bhat, Advocates
For the Respondents:Mr. S. Mehdi Imam, Mr. Anis Suhrawardy and Mr. Tabrez Ahmed, Advocates

JUDGMENT

V.S. Sirpurkar, J. — Leave granted.

2. Being aggrieved by the Order passed by the High Court in its Revisional Jurisdiction and issuing certain directions, appellants have come up before this Court. The appellants herein are the original plaintiffs and the legal representatives of one of the original plaintiffs. First three appellants are the original plaintiffs, while the other three are the legal representatives of one Abdul Salam Shora, who was the original plaintiff No. 2. During the pendency of this appeal, appellant No. 1 died on 28.11.2007. Vide order dated 25.3.2008, his legal representatives were brought on record. They filed a suit for perpetual injunction against the respondents/defendants, whose defence was that the appellants/plaintiffs were encroaching upon the portion of land, which they alleged to have purchased and which is adjacent to the land in question. The location, identification and plaintiffs’ title and possession over the suit land was not controverted by the respondents/defendants in their written statement. Two issues came to be framed and subsequently two additional issues also came to be framed and ultimately, the suit was decreed, after about




















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