IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Satyen Vaidya, J
Suresh Chand Uppal – Appellant
Versus
Bhama & Ors. – Respondent
Satyen Vaidya, Judge (Oral):
This regular second appeal has been filed under Section 100 of the Code of Civil Procedure , 1908, against the judgment and decree dated 13.01.2015 passed by the learned Additional District Judge, Hamirpur, in Civil Appeal No. 42 of 2012, whereby the judgment and decree dated 05.05.2012 passed by the learned Civil Judge (Junior Division), Court No. IV, Tehsil & District Hamirpur, in Civil Suit No. 87 of 2007, has been affirmed.
2. The suit of the appellant-plaintiff has been dismissed by both the Courts.
3. The appellant-plaintiff had filed a suit for declaration to the effect that he was having right of pas.sage to approach his house constructed on land comprised in Khasra No.2524/1939, through the landH depicted in Site Plan marked as JKEFCD filed along with plaint (for short the “suit-passage”). The identification of the suit passage was depicted through Khasra Nos.1932, 1940, 1942 and 1933. The decree of prohibitoryt injunction was also sought to restrain the defendant from obstructing the suit passage and for mandatory injunction directing the defendant to restore the suit passag
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