Himachal Pradesh High Court
Devender Singh vs Devender Singh V. Nagender Singh & ... on 30 March, 2022
Author: Vivek Singh Thakur
Bench: Vivek Singh Thakur
Devender Singh V. Nagender Singh & another.
.
Civil Suit No. 2 of 2018 30.3.2022 Present: Mr.Bhagwati Chander Verma, Advocate, for the plaintiff.
Mr.Kapil Dev Sood, Senior Advocate alongwith Mr.Het Ram Thakur, Advocate, for defendant No. 1. Mr.Sanjeev Kuthiala, Senior Advocate alongwith Ms.Anaida Kuthiala and Ms.Amita Chandel, rAdvocates, for defendant No. 2.
Civil Suit No. 2 of 2018 From the pleadings of parties, following issues are framed:-
1. Whether plaintiff is entitled for relief of declaration to the effect that he is owner in possession to the extent of ½ share of the suit property and the entries contrary to the same are illegal, wrong and void? OPP
2. If issue No. 1 is decided in favour of plaintiff, whether plaintiff is entitled to a preliminary decree for partition and separate possession of his ½ share in the suit property? OPP
3. Whether plaintiff is entitled for relief of permanent prohibitory injunction and mandatory injunction restraining the defendants from transferring, alienating, encumbering or changing the nature of the suit property? OPP
4. Whether the suit of the plaintiff is not maintainable? OPD 1, 2
5. Whether the suit is barred by resjudicata?
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6. Whether the suit is not maintainable under the .
provision of H.P. Ceiling of Land (Holdings) Act 1972? OPD-1.
7. Whether the suit is barred by limitation?
OPD-1, 2
8. Whether the suit is properly valued for the purpose of Court fee and jurisdiction? OPD-1,2
9. Whether the plaintiff is stopped from filing the suit on account of his acts, deeds and conduct?
OPD-1, 2.
r 10. Whether defendant No. 2 is owner in possession of the suit property on the basis of Will dated 15.6.2005 executed by Smt.Mohan Kumari, if so to what extent? OPD-2
11. Whether Smt.Mohan Kumari executed a valid Tamlik-nama on 13.5.2005, in favour of defendant No. 2, if so to what effect? OPD-2
12. Whether the plaintiff is stopped from agitating the orders of the revenue authorities passed under the provisions of H.P. Ceiling of Land (Holdings) Act 1972 without getting the suit area declared as his permissible area under the provisions of H.P. Ceiling of Land (Holdings) Act 1972? OPD-1.
13. Whether the defendant No. 2 has become owner by way of adverse possession of the property in suit as claimed by him? OPD-2.
14. Relief.
Issues read over and explained to the parties. No other issue arises or urged.
::: Downloaded on - 31/03/2022 20:13:04 :::CISAdditional documents, if any, be filed within two .
weeks. Steps for summoning witnesses, be taken within one week thereafter.
List for recording of evidence of plaintiff on a date to be fixed by Additional Registrar (Judicial). List before Additional Registrar (Judicial) for the said purpose after two weeks.
r to OMP No. 11 of 2018 List for consideration on 21st April, 2022.
(Vivek Singh Thakur), Judge.
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