IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

RSA No.178/2021

Date of Decision: 05th December, 2025.

Hardev Ratra .....Appellant

Versus .

Diwakar Dutt Modgil …..Respondent

Coram

The Hon’ble Mr. Justice Bipin Chander Negi, Judge.

W hether approved for reporting?1

For the Appellant: Mr. N.S. Chandel, Sr. Advocate with Mr.

Vinod Kumar Gupta, Advocate.

For the Respondents: Ms. Shtikha Chauhan, Advocate.

Bipin Chander Negri, Judge (oral).

The appellant, by filing this appeal under section 100 of

the Code of Civilo Procedure (for short, CPC), has assailed the judgment and decree dated 07.07.2021, passed by the learned Additional District Judge-cum-Special Judge, CBI, Shimla, Dishtrict Shimla, HP in Civil Appeal No.3-S/13 of 2020, affirming the judgment and decree dated 27.02.2020, passed by the learned Civil Judge, Court No.6, District Shimla, HP in Civil Suit

HNo.136-1 of 2014.

2. For the sake of convenience, hereinafter in this judgment, the parties shall be referred in the same manner in which they were referred before learned trial Court. The facts material and relevant for the disposal of the present appeal are that as per the case of plaintiff, he is the owner of the building known as Modgil Bhawa