Himachal Pradesh High Court
Vinod Kumar Thakur vs . Rattan Singh & Others on 23 August, 2023
Vinod Kumar Thakur vs. Rattan Singh & others .
RSA No.332of 2019 23.08.2023 Present: Mr.Sudhir Thakur, Senior Advocate, with Mr.Somesh Sharma, Advocate, for the appellant.
Mr. Adarsh Kumar Vashishta & Ms. Priya Sharma, Advocates, for the respondents.
of Admit on the following substantial questions of law as framed by the appellant:
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1. That once the plaintiff is co-owner recorded in the revenue record of the path through Khasra No.368, whether it was appropriate for the Courts below to dismiss the suit of the plaintiff and thereby depriving the plaintiff from using the path in question to which he is a co-owner?
2. That when the defendant has admitted in the written statement the existence of the path/passage being used by the plaintiff through Khasra No.368 to his building, whether the plaintiff was required to bring additional evidence to prove the existence of the path and on this score, whether it was appropriate for the Courts below to dismiss the suit of the plaintiff?
CMP No. 6733 of 2019 & CMP No.6055 of 2021 Both these applications will be taken for consideration along with the main appeal at the time of the final hearing.
(Rakesh Kainthla) Judge August, 23, 2023 (pathania) ::: Downloaded on - 23/08/2023 20:35:41 :::CIS