ASHWANI KUMAR Vs. OM PRAKASH

JUDGEMENT

(1.) The plaintiff/respondent No.1 herein (for short "the plaintiff'), instituted a suit bearing number 34/1 of 2008, before the learned Civil Judge, Court No.1, Solan, District Solan, H.P., claiming therethrough rendition, of, a decree, for, permanent prohibitory injunction, against, the defendants/petitioner and respondent No.6 herein, (a) hence, for therethrough the defendants becoming restrained, from, making interference, vis-a-vis, land measuring 5703 sq. meters comprised in khasra Nos. 124, 137, 142, 209, 1057/223, 1058/223, 1062/453, 138, 139, 140, 141, 219, 220, 221, 222, 131, 136, 140 kitas 18, khata/khatauni No. 62/78, 79 and 80 situated at mauza-Jawahar Park, Solan, Tehsil and District Solan, H.P. (for short "the suit land"), hence owned and possessed by him, and, hence, against theirs throwing debris thereon, (b) and, also claimed rendition, of, a declaratory decree, for, pronouncing qua the reflections, in, the site plan, hence, making disclosure, vis-a-vis, part, of, the suit land, comprising a general path rather being inapt.

(2.) In the afore Civil Suit, the defendant one Ashwani Kumar, instituted a counter claim, and, therein he arrayed, the, General public, as, a non-counter claimant No.3. The afore Non-counter claimant instituted thereto a written-statement, through, Boby Seth, Hussen Lal, Madan Lal, Jagdish, and, Girish Sharma. After issues being struck, upon, the afore Civil Suit, and, also upon the counter claim, the learned trial Judge made a verdict, hence, partly decreeing the plaintiff's suit, besides, it also decreed the defendant's counter claim, and, the afore decree, has become challenged, before, the learned Additional District Judge-II, Solan, District Solan, H.P.

(3.) However, during, the pendency of the apposite Civil Appeal, as, reared by the aggrieved non-counter claimant/plaintiff, against, the afore made decrees, hence through an apposite application, a, proclamation was made, vis-a-vis, the persons hitherto, representing co-defendant No.3, nomenclatured as General public, (a) in as much, as, Shri Jagdish and Girish Sharma, becoming dead, and, also , an, echoing became made therein qua the whereabouts, of, one Sh. Bobby Seth being unknown, (b) and, whereafter, it, became espoused therein qua the names, of, the afore being ordered to be deleted, from, the apposite array, of, respondents, in, the memo of parties, vis-a-vis, the Civil appeal concerned.