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2026 Supreme(Online)(P&H) 83373

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Harkesh Manuja, J
Raj Kumar – Appellant
Versus
Rakesh Kumar – Respondent


Advocates:
For the Appellants/Petitioners: Ankit Swarup, Siddhanth Arora
For the Respondents: Sudhir Makkar

HARKESH MANUJA, J.

The legal representatives of appellant-plaintiff (Raj Kumar) are in appeal. First Appeal filed by the plaintiff-Raj Kumar (since deceased) was dismissed by the learned First Appellate Court. For the sake of convenience, the parties are referred to as per their status in the Civil Suit.

By way of present appeal, challenge has been laid to the judgments and decrees dated 04.01.2013 & 11.07.2017 passed by both the Courts below, whereby a suit for mandatory injunction filed at the instance of appellant-plaintiff / Raj Kumar (since deceased) seeking directions against the respondents-defendants to handover vacant possession of portion of House No. F-3/13, Bhagat Singh Chowk, Hisar, shown as WXYZD in the site plan and also for grant of perpetual injunction from restraining the defendants from making any repair or construction over it, was dismissed.

FACTS

Briefly stating, the plaintiff-Raj Kumar (since deceased) filed the above-mentioned suit with the averments that the suit property was an evacuee property, allotted to plaintiff as against his verified claim. Later, a dispute arose with respect to the rights of the plaintiff in the suit property which came

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