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2014 Supreme(UK) 79

ALOK SINGH
NITIN AGGARWAL – Appellant
Versus
SANTOSH AGGARWAL – Respondent


Advocates:
For the Petitioner:Mr. Bhupesh Kandpal, Advocate
For the Respondents:Mr. Nagesh Aggarwal, Advocate

JUDGMENT

Hon’ble Alok Singh, J.

Petitioner as well as proforma respondent Nos. 4, 5 and 6 are plaintiffs in O.S. No. 466 of 2008.

2. Suit, being O.S. No. 466 of 2008, was filed by the plaintiffs for the declaration to declare that plaintiffs have matured their title by way of adverse possession and are owners of the property in question and further for permanent prohibitory injunction restraining the original defendants not to make any interference by any means in the possession of the plaintiffs over the property in question. Initially, both the defendant Nos.1 and 2 were proceeded ex-parte vide order dated 24.05.2012. Thereafter, on the application of the defendant No.2, moved under Order 9 Rule 7 of the C.P.C., ex-parte proceedings against the defendant No.2 were set aside and he was granted time to file written statement vide order dated 01.08.2013.

3. Original defendant No.1 expired on 07.03.2013. Thereafter, plaintiffs moved application under Order 22 Rule 4 of the C.P.C. for the substitution of the LRs of the original defendant No.1 which was allowed by the learned Trial Court and, thereafter, respondent Nos. 1 and 2 herein were substituted as legal heirs of the original























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