PRITHI CHAND Vs. SHAKTI CHAND

JUDGEMENT

(1.) This regular second appeal is directed against the judgment and decree passed by the learned Additional District Judge (Fast Track Court), Hamirpur in Civil Appeal No.2 of 2010, dated 3.12.2010.

(2.) MATERIAL facts necessary for the adjudication of this regular second appeal are that the respondent/plaintiff (hereinafter referred to as - the plaintiff - for convenience sake) instituted a suit against the appellant/defendant (hereinafter referred to as the defendant - for convenience sake), for fixation of boundary by way of demarcation with consequential relief of permanent prohibitory injunction restraining him from interfering over the suit land in the Court of Civil Judge (Junior Division), Court No. III, Hamirpur.

(3.) REPLICATION was filed by the plaintiff. Issues were framed by the trial Court on 12.12.2001. The learned Civil Judge (Junior Division), Hamirpur decreed the suit filed by the plaintiff on 9.12.2009 restraining the defendant from interfering over the suit land comprised in Khasra No.259/3 in any manner. The suit of the plaintiff was also decreed for possession. Thereafter the defendant preferred an appeal against the judgment and decree passed by the learned Civil Judge (Junior Division), Court No. III, Hamirpur, dated 9.12.2009 before the learned Additional District Judge (Fast Track Court), Hamipur. He dismissed the same on 3.12.2010. Hence this regular second appeal.