PIARA RAM Vs. PAWAN KUMAR AND OTHERS

JUDGEMENT

(1.) Since, both these appeals arise out of a verdict pronounced by the learned District Judge, Una, H.P., in Civil Suit No. 5 of 2002, hence, both are liable to be disposed off by a common verdict.

(2.) The plaintiff instituted a suit against the defendants claiming therein a decree for damages in a sum of Rs.6,24,000/- with future interest @ 18% per annum being pronounced upon defendant No.1 Pawan Kumar also he claimed a decree for permanent prohibitory injunction, restraining defendants No.2, 3 and 6 from recovering from his special road tax in respect of bus bearing No. HP-20-1213 as also restraining defendants No. 4 and 5 from recovering from the plaintiff the installments in respect to the period 25.08.2000 to 13.12.2001. The suit of the plaintiff was partly decreed in a sum of Rs.1,06,890/-, decretal sum whereof was ordered to be realizable against defendant No.1. The aforesaid decretal amount was ordered to carry interest @6% from the date of decree till the realization of the decretal amount. However, the relief of the plaintiff qua defendants No.2, 3 and 6 for theirs being restrained from recovering special road tax in respect to bus bearing No. HP-20-1213 besides the relief of the plaintiff qua defendants No.4 and 5 standing to be restrained from recovering from the plaintiff the installments in respect to the bus for the period 25.8.2000 to 13.12.2001 was refused.

(3.) On standing aggrieved by the verdict of the learned trial Court, both the plaintiff as well as defendant No.1 concert to assail it by preferring therefrom the instant appeals.