LAWS(UTN)-2021-3-57

JAGDISH SINGH Vs. JOGENDRA SINGH

Decided On March 23, 2021
JAGDISH SINGH Appellant
V/S
JOGENDRA SINGH Respondents

JUDGEMENT

(1.) In a prior suit, being Suit No. 27 of 2007, 'Jal Vidyut Avas Evam Vikas Sehkari Samiti Ltd., Dehradun Vs. Jogendra Singh and others'. The parties to the present writ petition, were the co-defendants in the said suit, which was filed by 'Jal Vidyut Awas Evam Vikash Sehkari Samiti', for the grant of decree of a permanent injunction. The said suit itself was decided and decreed in favour of the plaintiffs, therein, by a judgment which was rendered on 14.01.2010, the property which was the subject matter of the said suit has been described in paragraph No. 2 of the said judgment, which is referred hereunder:- '

(2.) The decree of the aforesaid Suit No. 27 of 2007, as decreed on 14.01.2010, was formulated in the following manner:- '

(3.) Subsequent to the said decree of 14.01.2010 of Suit No. 27 of 2007, there arose a dispute between the co-defendants of the said suit and consequently the defendant No. 1, of the said suit on 26.07.2017 had instituted the Suit No. 64 of 2017, 'Jagdish Singh Vs. Jogendra Singh and Others', yet again for the grant of decree of a permanent injunction qua the co-defendants of the earlier suit and the nature of the decree, which was sought for, is as follows:- '