IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Romesh Verma, J
Dandu Ram – Appellant
Versus
Krishan Chand – Respondent
| Table of Content |
|---|
| 1. summary of trial and appellate court proceedings regarding path obstruction. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11) |
| 2. scope of appellate power in appointing commissions to collect evidence. (Para 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22) |
| 3. conclusion and quashing of erroneous appellate directions. (Para 23 , 24 , 25) |
The present petition arises out of the judgment as passed by learned District Judge, Bilaspur in Civil Misc. Appeal No. 22/14 of 2022 dated 20.06.2025, whereby the appeal preferred by the present respondents/plaintiffs was decided by directing the trial Court to appoint a commission to see whether the defendants exceeded their right by making railing, in such a manner so as to obstruct the passage made to the house of the plaintiffs.
2. The facts of the case are that the plaintiffs filed a suit for declaration to the effect that they are entitled to get their half share partitioned from the defendants in the suit land which is in totality measures 13 bighas situated in Village Panyala, Tehsil Ghumarwin, District Bilaspur. In addition, a decree of permanent prohibitory injunction has also been prayed for by restraining the defen
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