SA/64/2023
2023 Latest Caselaw 1645 UK

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                                  SA No.64 of 2023
                                  Hon'ble Vivek Bharti Sharma, J.

Mr. Pankaj Miglani, Advocate for the appellant.

2. Mr. Nikhil Singhal, Advocate for the respondent.

3. This second appeal has been preferred against the judgment and decree dated 09.05.2023 passed by 5th Additional District Judge, Haridwar in O.S. No.68 of 2013. Along with it, an application for interim relief being IA No.1/2023 has also been filed by the appellant.

4. Learned counsel for the appellant would submit that while passing the impugned judgment and decree the first appellate court has not appreciated the pleadings and evidence led by the appellant/plaintiff.

5. On the other hand, learned counsel for the respondent supports the impugned judgment. He, however, prays for and is granted four weeks time to file reply/objections.

6. List on 20.07.2023.

7. Till the next date of listing, the effect and operation of the impugned order dated 09.05.2023 qua granting the relief of mandatory injunction for removal of iron gate in favour of respondent, shall remain stayed.

(Vivek Bharti Sharma, J.) 13.06.2023 Rajni