SANJAY PALIWAL Vs. BHARAT HEAVY ELECTRICALS LTD.

JUDGEMENT

(1.) The Appellants before this Court are the unsuccessful Plaintiffs in a suit [O.S. No. 27 of 1994. Hereinafter referred to as 'the Suit'.] for Mandatory Injunction, and the Respondent is the Defendant in the suit. (The parties hereinafter are referred to by their respective ranks in the suit). The Trial Court [COURT OF II ADDITIONAL CHIEF JUDICIAL MAGISTRATE/ADDITIONAL CIVIL JUDGE, HARIDWAR.] decreed the Suit filed by the Plaintiffs and the First Appellate Court [COURT OF DISTRICT JUDGE, HARIDWAR PRESIDING OFFICER: SHRI V.K. JAIN.] confirmed the judgement and decree of the Trial Court and dismissed the Appeal [ Civil Appeal No. 33/2001.] filed by the Defendant. Aggrieved by the concurrent judgment and decree of the Trial Court and the First Appellate Court, the Defendant filed a Second Appeal [Second Appeal No. 32 of 2004] before the High Court [High Court of Uttarakhand at Nainital.], which came to be allowed by judgment and decree dtd.: 7/8/2012 and dismissed the suit of the Plaintiffs. Hence the Plaintiffs have filed this Appeal. BRIEF FACTS:

(2.) The case of the Plaintiffs is as follows:

(3.) On notice, the Defendant appeared in the matter contested the case, contending as follows: