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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
RAHUL BHARTI
Irshad Hussain S/o Late Asgar Ali – Appellant
Versus
Jugal Kishore S/o Late Sh. Roshan Lal – Respondent
JUDGMENT :
RAHUL BHARTI, J
01. The appellant-Irshad Hussain came forward with the present civil second appeal instituted in September, 2020 during COVID-19 Pandemic period thereby aiming to assail judgment and decree dated 11.08.2020 passed by the court of learned District Judge, Poonch in civil first appeal on file No. 01/Civil Appeal of 2013 preferred by the respondent No. 1 herein, namely, Jugal Kishore against the judgment and decree dated 03.01.2013 of the court of learned Sub-Judge, Poonch in a civil suit on file No. 195/Civil which was preferred by the appellant-Irshad Hussain.
02. The appellant-Irshad Hussain filed said civil suit on file No. 195/Civil on 07.03.1994 before the court of learned Sub-Judge, Poonch. In his suit, the appellant sought a decree of declaration with respect to an agreement dated 05.11.1993 between the respondent No.2-Ragubir Paul Puri, who is the proforma respondent herein and who figured as defendant No. 2 in the court below, in favour of respondent No. 1 herein-Jugal Kishore who figured as defendant No. 1 in the suit related to the suit property situated in Ward No. 3, Poonch, with a decree of mandatory injunction for restoring the prior position and
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