Himachal Pradesh High Court
COMS/19/2019 on 26 March, 2021
Bench: Vivek Singh Thakur
COMS No. 19 of 2019 a/w CS(Counter Claim) No.77
of 2019
.
26.03.2021 Present: Mr.Ravinder Singh Chandel, Advocate, for the
plaintiff/non-counter claimant.
Mr. Navneet Kumar Bhalla, Advocate, for the
defendants/Counter Claimants.
COMS No. 19 of 2019 & CS(Counter Claim) No.77 of
Civil Suit filed by the plaintiff and Counter Claim
preferred on behalf of the defendants, registered as separate
Civil Suit, are to be decided together by adjudicating common
facts and common question of law and, therefore, for the
purpose of trial as well as passing judgment both these suits,
i.e. COMS No.19 of 2019 and Civil Suit (Counter Claim) No.77 of
2019, are clubbed together.
From the pleadings of the parties, documents on
record and submissions of learned counsel for the parties,
following issues are framed:-
1. Whether defendants have developed the plot
and are raising construction on Khasra
No.1845/688/1 and 2006/690/1, situated at
Mauza Ser-Solan, Tehsil and District Solan,
H.P., in rash and negligent manner in violation
of Municipal Laws and Bye Laws, as alleged?
....... OPP
2. Whether defendants have encroached upon
the path comprised in Khasra No.690/2 and
Khasra No.688/1 situated at Mauza Ser-Salon,
Tehsil and District Solan, H.P. and thus are
raising the construction upon such land, as
alleged?
....... OPP
3. Whether the area of land of plaintiff has been
reduced as a result of forgery in latest the
revenue records from 392 sq.mts. To 331
sq.mts., as alleged?
....... OPP
4. Whether defendants have intentionally
.
adopted illegal methods to demolish the
building and to encroach upon plaintiff's land
forcibly, as alleged?
....... OPP
5. Whether plaintiff is entitled for recovery of a
sum of `1,00,17,000/- alongwith interest, on
account of damages caused to the well
furnished building, business, mental peace
and loss of amenities, as alleged?
....... OPP
6. Whether plaintiff is entitled for a decree of
permanent prohibitory and mandatory
injunction, as prayed for?
....... OPP
7. Whether Municipal Council has wrongly
passed the Naksha (Map) of defendants?
....... OPP
8. Whether Municipal Council Solan had
sanctioned plan for construction of four
storeyed building by plaintiff in the year 1987
and 1992, as alleged?
....... OPP
9. Whether plaintiff has not come to the Court
with clean hands and has suppressed
material facts?
....... OPD
10. Whether plaintiff has no lawful and subsisting
cause of action in her favour?
....... OPD
11. Whether counter claimants are entitled for
decree of mandatory injunction, as prayed
for?
......OPD/Counter claimant
12. Whether counter claimants are entitled for
recovery of `40,00,000/- alongwith interest @
18% per annum?
......OPD/Counter claimant
13. Whether plaintiff/non-counter claimant has
.
encroached upon 12 sq.mts. of land in Khasra
No.1845/688/1 and 10 sq.mts. of land in
Khasra No.2006/690/1 and path existing on
Khasra No.690/2 and 688/1?
......OPD/Counter claimant
14. Whether counter claim is not maintainable in
present form?
..OPP/Non-counter claimant
15. Whether counter claimants have no
enforceable cause of action to file and
maintain the present counter claim against
non-counter claimant/plaintiff?
..OPP/Non-counter claimant
16. Whether counter claimants are estopped to
file present counter claim due to their act,
conduct and omissions?
..OPP/Non-counter claimant
17. Whether counter claim has not been properly
valued for the purposes of court fee and
jurisdiction?
..OPP/Non-counter claimant
18. Whether counter claimants have not
approached the Court with clean hands?
..OPP/Non-counter claimant
19. Whether counter claim is bad for non-joinder
of necessary parties?
..OPP/Non-counter claimant
20. Whether counter claimants have suppressed
true and material facts, as alleged?
..OPP/Non-counter claimant
21. Whether counter claim has been filed on false
and frivolous grounds and forged documents
to counter the suit filed by non-counter
claimant/plaintiff, as alleged?
..OPP/Non-counter claimant
22. Relief.
No other issue arises nor claimed. Additional
.
documents, if any, be filed within 15 days. Appropriate steps,
including filing of List of Witnesses, for recording evidence also
be taken within the same period.
List for plaintiff's evidence on a date to be fixed by
Additional Registrar (Judicial).
(Vivek Singh Thakur)
Judge
March 26, 2021
(Purohit)
