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2011 Supreme(UK) 524

B.S.VERMA
Praveen Kumar Sharma – Appellant
Versus
Sudhanshu Mishra Pathak – Respondent


ORDER :

Heard learned counsel for the parties.

2. Learned counsel for the parties have agreed to dispose of this writ petition at the admission stage.

3. By means of this writ petition, the petitioner has sought a writ in the nature of certiorari quashing the impugned judgment and order dated 31-5-2011 passed by Additional District Judge/F. T. C. V, Dehradun in Misc. Civil Appeal No. 165/2010, Sudhanshu Mishra Pathak v. Praveen Kumar Sharma, whereby the order dated 30-12-2010 passed in suit No. 627/2009, by which the issue regarding valuation of Court fees was decided, has been set aside.

4. Brief facts of the case, as narrated in the writ petition, are that respondent plaintiff filed a suit No. 627/2009 against the petitioner-defendant before the Court of Civil Judge (S.D.), Dehradun, for a decree of mandatory injunction directing the petitioner to deliver the possession of the property in question to the respondent plaintiff and further sought decree for damages for illegal use and occupation of the property and also sought decree for perpetual injunction restraining the petitioner from interfering in peaceful possession, use and enjoyment of respondent over the property in questi











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