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2023 Supreme(UK) 310

SHARAD KUMAR SHARMA
Ghamand Singh – Appellant
Versus
Inder Singh – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Rajendra Arya, Neeraj Garg.
For the Respondent: Piyush Garg.

JUDGMENT :

SHARAD KUMAR SHARMA, J.

1. Before this Court ventures to deal with the arguments extended by the learned counsel for the appellants, in relation to the substantial questions of law, which has been raised by him in the present Second Appeal, it becomes inevitable for this Court to deal with the pleading, which had been raised by the respondents herein in Civil Suit No. 92 of 2012, Inder Singh and Another vs. Ghamand Singh and Others, as it stood instituted before the Court of Civil Judge (Senior Division), Rishikesh, District Dehradun.

2. The Suit, as instituted before the Court of Civil Judge (Senior Division), Rishikesh, District Dehradun, on 13.07.2012, it was in relation to the property, which was described therein at the foot of the plaint, lying in Khata No. 57, khasra No. 1208 having a total area of 0.026 hectares and khata No. 48 khasra No. 182 (kha) having an area of 0.0360 hectares, lying in Village Jolly Grant, Baruwala, District Dehradun (hereinafter to be called as “property in dispute”).

3. As a consequence of the institution of the Suit in question on 13.07.2022, the plaintiffs, who are the real brothers have filed the suit for the grant of permanent injunction

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