JWALA DEVI Vs. PRABHA BHAGRA

JUDGEMENT

(1.) This Regular Second Appeal has been preferred against judgment and decree dtd. 28/11/2005, passed by Additional District Judge, Fast Track Court, Shimla, Himachal Pradesh, in Civil Appeal No.143-S/13 of 04/2000, titled Smt. Prabha Bhagra and others v. Smt. Jawala Devi & others, whereby judgment and decree dtd. 26/11/1999, passed by Sub Judge First Class (II), Shimla, in Suit No.34/1 of 97/91, titled Smt. Prabha Bhagra & others v. Smt. Jawala Devi & others, has been reversed and the suit filed by the plaintiffs has been decreed for mandatory injunction, directing the defendants to demolish two storeys raised by them on the part of tenanted premises, situate in Ayercliff Estate Shimla-3.

(2.) Respondents No.1 to 3, in present appeal, are plaintiffs; respondent No.9 Rajesh Kumar Bhagra was co- owner with the plaintiffs and was arrayed as proforma- defendant No.12 in the Civil Suit, who did not contest the proceedings either way at any point of time and was proceeded ex-parte; Appellant No.1 Jawala Devi wife of Dalip Chand Goel, who was original tenant in the suit premises, is defendant No.1; Appellants No.2 to 9 are defendants No.3 and 5 to 11; Defendant No.4 Bhagwan Dass Goel was deleted during pendency of appeal before Additional District Judge vide order dtd. 22/5/2001; Defendant No.2 Amrit Lal Goel son of Dalip Chand Goel was substituted through his Legal Heirs, who are respondents No.4 to 8 in present appeal are defendants No.2-A to 2-E respectively.

(3.) For convenience, parties shall be referred as plaintiffs and defendants, as per their status in the Civil Suit, however, Rajesh Kumar Bhagra shall be referred as co-owner defendant.