SEKHAR SINGH PAPOLA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) On 9/6/2016, the petitioner as plaintiff No. 1, had instituted a suit, being Suit No. 33 of 2016, Sekhar Singh Papola and Another Vs. Thakur Singh and others, for the grant of decree of a permanent injunction, in relation to the properties, which were described in the relief clause, which is extracted hereunder:-

(2.) The said Suit proceeded on its merits, and it was decided by the learned Court of Civil Judge (Senior Division), Bageshwar, by way of Original Suit No. 13 of 2019, Shekhar Singh Papola Vs. Thakur Singh and others, vide its judgment and decree dtd. 29/2/2020, which had been later on affirmed in a Civil Appeal, being Civil Appeal No. 2 of 2020, by the judgment and decree, which had been rendered by the Court of Additional District Judge, on 15/2/2021.

(3.) There had been yet another Second Appeal, being Second Appeal No. 71 of 2021, Shekhar Singh Papola and others Vs. Thakur Singh and others, which had been preferred by the appellant-petitioner herein, challenging the judgment, which had been passed by the Courts below, as deciding the issue No. 3, in Suit No. 13 of 2019, Shekhar Singh Papola Vs. Thakur Singh and others. The decision which was taken on issue No. 3, pertained to, as to whether the suit would be barred by the principle of res judicata? The same had been decided in the light of the provisions contained under Sec. 11 of the C.P.C., which later on stood affirmed in Civil Appeal, being Civil Appeal No. 2 of 2020, Shekhar Singh Papola Vs. Thakur Singh and others, and in these proceedings thus decided by the competent civil Court, a concurrent finding has been recorded against the appellant/petitioner. Against this judgment too, another Second Appeal, being Second Appeal No. 71 of 2021, Shekhar Singh Papola and others Vs. Thakur Singh and others, is pending consideration, which had been preferred by the same counsel by filing the same before the Registry of this Court on 27/7/2021.