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Himachal Pradesh Court July 2002 Judgments

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Jul 01 2002

Ashwani Kumar and ors. Vs. Lachi Ram and ors.

Court: Himachal Pradesh

Decided on: Jul-01-2002

Reported in: AIR2003HP28

ORDERM.R. Verma, J.1. This revision petition under Section 115 of the Code of Civil Procedure is directed against the order dated 5-7-2001 passed by the learned District Judge, Sirmaur at Nahan in Civil Miscellaneous Appeal No. 8-CMA/14 of 2001 thereby affirming the order dated 14-2-2001 passed by the learned Sub Judge, I-Class (i), Paonta Sahib whereby an interim restraint order and temporary mandatory injunction have been passed in favour of the respondents.2. Brief facts leading to the presentation of this petition are that the respondents/ plaintiffs (hereafter referred to as 'the plaintiffs') instituted a suit against the petitioners/defendants (hereafter referred to as 'the defendants') for declaration that the plaintiffs are entitled to use eleven feet wide path existing in Khasra No. 61, Khata Khatauni No. 78 min/140 min, situate in village Arnarkot, Tehsil Paonta Sahib for ingress to and outgress from their house built on Khasra No. 61 and for taking water from a well situate ...


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