KANHAIYA LAL Vs. NAGAR PALIKA PARISHAD KOTDWAR

JUDGEMENT

(1.) The respondent No.3 is a plaintiff in a Suit, which was instituted on 18/9/2014, in which, the petitioner, is the defendant No.3, who was impleaded subsequently by the Court's order, on 17/10/2015. The plaintiff/respondent No.3, in the Suit had modulated the decree, which was sought from the Court below; in the following manner :-

(2.) The said Suit proceeded on merits and, ultimately, it was decreed by the learned Trial Court vide its judgment dtd. 31/7/2018, and as a consequence of the judgment and decree, which was rendered, the learned Trial Court, had passed the following decree :-

(3.) The nature of decree, which was thus rendered by the Court of Civil Judge (Junior Division), Kotdwar, District Pauri Garhwal, on 31/7/2018, it contained a twin fold declaration, i.e. one in relation to the will dtd. 5/4/1990, which was declared as to be null and void, and the second part of the decree was that the defendant No.1 was directed to vacate the disputed property within a period of 30 days from the date of the judgment.