LAWS(UTN)-2019-10-21

DURGA SINGH CHAUHAN Vs. RAJENDRA KOTHIYAL

Decided On October 01, 2019
Durga Singh Chauhan Appellant
V/S
Rajendra Kothiyal Respondents

JUDGEMENT

(1.) The respondents, herein in the Writ Petition, are the plaintiffs in a Suit, which was instituted by them on 9th July, 2008, for the grant of a decree of permanent injunction in relation to the property, which was described at the foot of the plaint, constituting of Khata No. 539, Khasra No. 4882 Ka, having a total area of 0.0480 hectares, situated in Mauja Babugarh, Pargana Parwadoon, Tehsil Vikas Nagar, District Dehraun. At this stage, since the precinct of the property, in question, is not of much relevance, hence, it is not being referred to.

(2.) When the Suit, in question, was instituted by the plaintiff/respondents, the defendants/petitioners have put in appearance and they had filed their written statement on 14.07.2008, and along with the written statement, they have invoked the provisions contained under Order 8 Rule 6A of the CPC, which reads as under :-

(3.) By virtue of relief which, the defendants/petitioners had claimed for in the counter claim, it was to the following reliefs :-