SA/55/2023
2023 Latest Caselaw 1388 UK

                  Office Notes,
               reports, orders or
SL.             proceedings or
       Date                                       COURT'S OR JUDGES'S ORDERS
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      18.05.                        SA No.55 of 2023
      2023                          Hon'ble Alok Kumar Verma, J.

Proposed appellants - plaintiffs had filed an

Original Suit (O.S. No.77 of 2002) to declare the

Government Order dated 07.03.1972 as null and

void and to obtain perpetual injunction against

the respondents - defendants. In the said

Original Suit, respondent no.7 - defendant filed a

counter claim against the plaintiffs to obtain an

eviction decree.

2. Trial Court had allowed the counter claim

while dismissing the Original Suit against which

plaintiffs had filed two Civil Appeals (Civil Appeal

No.26 of 2016 and Civil Appeal No.27 of 2016).

3. Civil Appeal No.26 of 2016 was filed against

the judgment and decree of the Trial Court, by

which, the Original Suit was dismissed. Civil

Appeal No.27 of 2016 was filed against the

judgment and decree of the Trial Court, by which,

the counter claim was decreed. Civil Appeal

No.27 of 2016 was dismissed. Against the said judgment and decree passed in Civil Appeal

No.27 of 2016 Second Appeal was filed. Second

Appeal was also dismissed. According to Mr.

Ramji Srivastava, Advocate, a review application

to review the judgment, passed in Second

Appeal, is pending before the coordinate Bench.

4. Present proposed Appeal has been filed

against the judgment and decree dated

30.01.2023, passed by learned Ist Appellate

Court, by which the First Appeal has been

dismissed.

5. Heard Mr. Ramji Srivastava, learned counsel

for appellants, Mr. I.P. Kohli, learned Standing

Counsel for respondent nos.1 and 2, Mr. Ravindra

Singh Bisht, learned counsel for respondent nos.5

and 6 and Mr. Vipul Sharma, learned counsel for

respondent no.7.

6. At the request of Mr. Vipul Sharma,

Advocate, and with the consent of Mr. Ramji

Srivastava, Advocate, list on 23.05.2023 after

fresh cases.

(Alok Kumar Verma, J.) 18.05.2023 Pant/