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HIGH COURT OF HIMACHAL PRADESH
STATE OF HP AND OTHERS – Appellant
Versus
KARTAR CHAND – Respondent


J U D G M E N T

By way this Regular Second Appeal, the appellants have assailed the judgment and decree dated 27.02.2016, passed by the Court of learned Civil Judge (Junior Division), Court No. II, Hamirpur, H.P. in Civil Suit No. 30 of 2012, titled as Kartar Chand Vs. State of H.P. and others as well as judgment and decree dated 25.05.2019, passed by the Court of learned District Judge, Hamirpur, H.P. in Civil Appeal No. 38 of 2016, titled as State of H.P. and others Vs. Kartar Chand, respectively, in terms whereof, the suit for permanent prohibitory injunction as well as mandatory injunction filed by the respondent/plaintiff was decreed to the extent of grant of permanent prohibitory injunction and the appeal preferred against the same by the State was dismissed by the learned First Appellate Court.

2. I have heard learned Additional Advocate General as also learned counsel for the respondent. I have also gone through the judgments and decrees passed by both the learned Courts below.

3. Respondent/plaintiff (hereinafter referred to as ‘the plaintiff’) filed a suit for permanent prohibitory injunction restraining the defendants from changing the nature or carving out any road or demo

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