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HIGH COURT OF UTTARAKHAND AT NAINITAL
PANKAJ PUROHIT
Dinesh Kukreti – Appellant
Versus
Rajman Singh – Respondent
JUDGMENT :
Pankaj Purohit, J.
1) The present writ petition under Article 227 of the Constitution of India has been filed by the petitioner assailing the order dated 19.05.2022 passed by the learned Civil Judge (Junior Division), Khatima, District Udham Singh Nagar, whereby the application filed by the respondent under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure was allowed, restraining the petitioner from interfering in the peaceful possession of the respondent over the suit land, as well as the order dated 19.10.2023 passed by the learned Third Additional District and Sessions Judge, Rudrapur, whereby the appeal preferred by the petitioner against the said order was dismissed.
2) The brief facts of the Case are that the respondent instituted Civil Suit No. 54 of 2021 before the court of learned Civil Judge (Junior Division), Khatima, seeking permanent injunction in respect of land bearing Khata No. 53, Khasra No. 355/4, admeasuring 0.253 hectare, situated in Village Jhankaiya, Tehsil Khatima, District Udham Singh Nagar, claiming himself to be the recorded tenure holder and in possession thereof. Along with the suit, the respondent filed an application under Order XXXIX
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