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2022 Supreme(UK) 138

SHARAD KUMAR SHARMA
Bhagwan Singh alias Bhagwanu – Appellant
Versus
Balma Bhandari – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Arun Pratap Shah, Advocate

JUDGMENT :

In relation to a property more aptly described in the plaint, which was said to be lying in Khata No. 293, with regard to the revenue entries recorded in 1417 to 1422 fasli. The plaintiff has contended, that the plaintiff has got a bhumidhari rights over Khasra No. 5040, lying in village Chilyali, Tehsil Chilyalishod, District Uttarkashi, which was a non-ZA land.

2. According to the Khatuni Khata No. 85, which relates to khasra No. 4842/2, over which, there existed a construction, as described in the plaint map by figure EFGH & ABCD. It was contended that the same may be demolished and the possession, status quo ante may be maintained.

3. Further a degree of permanent injunction, was sought directing the defendant, to be injuncted from their act of wrongful interference over the property lying in khasra No. 5040 and the construction, which has been existing on it. Later on, the relief was amended by incorporation of relief made by virtue of an amendment carried on 28th August, 2014. The relief as sought in the plaint, which was instituted on 23rd May, 2012, is extracted hereunder :-

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