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Xxxxx Cross examination by Ms. Anu Tuli Advocate Ld. Counsel for the respondents xxxxx Presently I am unemployed. Self stated that up till 2018 I use to work in a private company at Solan. I have not brought any authority letter to adduce evidence on behalf of my brothers. We have not placed on record any medical record regarding ill health of my father since the year 2016. I am not aware that except the present litigation another civil litigation was also going on between my father and Shri Arun. It is correct that one another RSA bearing No. 308 of 2018 was also pending in the Hon'ble High Court in which I and my brothers being legal heirs have represented in that case. It is correct that the said RSA bearing No. 308 of 2018 has been decided by the Hon'ble High Court on 17.09.2019. It is incorrect that we have not filed the present appeal within time intentionally and the same has been filed belatedly in order to drag the respondent into unnecessary litigation. It is correct that on 08.09.2016 when the Appellate Court decided the appeal my father was alive. We have nuclear family. I have not brought any document today which shows that my family is separated and stands registered as separate family. I have brought my Addhar card today. It is correct that the address on my Addhar card and the memo of the parties of the present application are same. It is incorrect that I am residing on the present address for the last 40 years. It is correct that all the cases were seriously contested by my father in the courts during his lifetime. At the time of death of my father he was about 85 years old. It is incorrect that we use to accompanying him due to his old age to the Courts during the dates fixed by the Courts. It is correct that we have not annexed the copies of the CDI forms for applying the certified copies of the judgments of the Court. I have gone through the contents of the application before signing the same. It is incorrect that I am deposing falsely. It is incorrect that just to harass the respondent I have filed the present application and appeal.

Opportunity given-nil.

R.O & AC (Paras Doger) Registrar (Judicial) 11th October, 2022 (Pritam) CMP No. 16020 of 2019 in RSA No. 223 of 2014 AW-2: Statement of Sh. Rohit S/o Shri Naresh Kumar, Village Tadoli, P.O. Saru, Pargana Udaipur, Tehsil and District Chamba, H.P. On Oath 14.10.2022 Stated that I am permanent resident of above stated address. Both the parties to this lis are personally known to me. On 04.11.2019, at about 7-8 a.m., I was going to buy the milk from the market. When I reached near to the house of Kaushlya Devi, then I saw that some verbal wrangle was going on between the family of Kaushlya Devi and Ashok Kumar. I heard that Ashok Kumar was requesting Kaushlya Devi to stop the construction work, which was going on the spot as she herself has taken the stay from the Hon'ble High Court of Himachal Pradesh. I am aware about the cause of dispute between the above said parties. Both the parties have land dispute. Both the Courts below at Chamba had given the judgment in favour of the father of Ashok Kumar, namely Dumnu Ram. Inspite of the request by Ashok Kumar to stop the construction work by Kaushlya Devi, she did not adhered to the request of Ashok Kumar and told Ashok Kumar that she can do whatever and she did not bother about the stay from the Hon'ble High Court of Himachal Pradesh. Kaushlya Devi was fixing railing on the disputed lental and was laying the lental on CMP No. 16020 of 2019 in RSA No. 223 of 2014 the empty land adjacent to the road. At that time Shri Bal Krishan, Anirudh and Tushar Sharma (son of Ashok) were also present. On the spot Tushar Sharma clicked the photographs on that day, which are marked as A-2 to A-6. Kaushlya did not stop the work on the spot, however, on the next day Ashok Kumar told me that he had lodged a Rapat in Daradha Police Post. Three sons of Kaushlya Devi are serving in Indian Army.

R.O & AC (Paras Doger) Registrar (Judicial) 14th October, 2022 (Pritam) CMP No. 16020 of 2019 in RSA No. 223 of 2014 Statement of Sh. Karan Sharma, learned counsel for the applicants.

Without Oath 14.10.2022 Stated that I do not want to examine Shri Anirudh Kumar, being repetitive in nature and given him up.

R.O & AC (Paras Doger) Registrar (Judicial) 14th October, 2022 (Pritam) CMP No. 16020 of 2019 in RSA No. 223 of 2014 14.10.2022 Present: - Mr. Anand Sharma, Senior Advocate with Mr. Karan Sharma, Advocate for the applicants.

AW-3/A. I am fully conversant with the facts of the present case. Initially in the Lower Court my father had filed a case regarding encroachment on our land by the non-applicants/appellants. The Trial Court gave the decision in our favour. Thereafter, the present appellants/non-applicants had filed an appeal in the First Appellant Court, which was also dismissed by CMP No. 13640 of 2021 in RSA No. 481 of 2016 the First Appellant Court. Thereafter, the present appellants has filed the appeal before the Hon'ble High Court and vide order dated 17.04.2017, the Court stayed the execution of the impugned judgment and decree passed by the learned Courts below and the parties were directed not to change the nature of the suit land and not to create any encumbrance over the suit land till the final disposal of the main appeal. The copy of the said order is Ex. AW-3/B. On 14.11.2021, Madan Lal, Subhash Chand, Parveen Kumar and Ashwani Kumar (appellants), started to raise construction of the septic tank over Khasra No.44/1 (disputed land) despite the stay order of the Hon'ble High Court. On the said date, they (appellants) have brought JCB machine and started to dig the land. We tried to convenience them not to disobey the order of the Hon'ble High Court but they did not pay any heed to our request and started to quarrel with us. We also showed them stay order of the Hon'ble Court. When CMP No. 13640 of 2021 in RSA No. 481 of 2016 they did not stop, then we went to Pardhan of our Panchayat and submitted a written application Mark-