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2010 Supreme(UK) 371

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


Advocates:
For the Petitioner:Mr. Ramji Srivastava, Advocate
For the Respondent Nos. 1 & 2: Mr. Sudhir Kumar, Brief Holder
For the Respondent No. 3: Mr. M.M. Lamba with Mr. Neeraj Garg, Advs.

JUDGMENT

Present petition has been filed by the petitioner challenging the order dated 13.04.2007 (annexure no. 7), passed by Civil Judge (Sr. Div.), Dehradun as well as the judgment and order dated 31.05.2007 (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 30.03.2000 over 0.26 acres of land of Khasra No. 512M., situated at Mauja Dhakpatti, Pargana-Kendriyadoon, District Dehradun. As the respondent nos. 3 & 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 08.05.2003, directed the parties to maintain status-quo over the land in question. The respondent no. 3 also turned up before the Trial Court and filed his written statement with the counter claim to pass mandatory injunction for demolition of the wall constructed by respondent no
























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