IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA RSA No. 356 of 2009 Reserved on: 11.03.2026 Date of Decision: 22.04.2026 Amar Chand (deceased) through LRs ...Appellants.

Versus Banarsi Dass and Ors ...Respondents.

Coram o Hon’ble Mr Justice Rakesh Kainthla, Judge.

Whether approved for reporting?¹ Yes.

Fohr the Appellants : M/s Deepak Gupta, Rahul Sharma and Avnish Mandhotra, g Advocates.

For Respondents No.1 to 7, 9 : M/s Rohit Sharma and Anuj and 10 Gupta, Advocates.

Respondent No.8 proceeded against ex parte vide order dated

07.03.2025 Rakesh Kainthla, Judge The present appeal is directed against the judgment and decree dated 23.05.2009 passed by learned Additional District Judge (II) Kangra at Dharamshala (learned Appellate

1 Whether reporters of Local Papers may be allowed to see the judgment? Yes.

Court) vide which the judgment and decree dated 31.12.2003 passed by learned Civil Judge (Junior Division), Dehra (II), District Kangra, H.P. (learned Trial Court) were affirmed. (Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience).

2. Briefly stated, the facts giving rise to the present appeal are that the plaintiffs f