BRIJ MOHAN SETHI Vs. STATE OF UTTARANCHAL AND OTHERS
HIGH COURT OF UTTARAKHAND
BRIJ MOHAN SETHI
State of Uttaranchal and others
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(1.) Applicant Brij Mohan Sethi has challenged the judgment and order dated 24.4.2007 rendered by learned Additional Sessions Judge, Dehradun in criminal revision no.156 of 2006, Mahendra Prasad Dhyani & others Vs. State of Uttarakhand and others. Learned Judge allowed the revision and set aside the judgment and order dated 04.12.2006 passed by the City Magistrate, Dehradun. Further, the revisional court directed the applicant not to create any hindrance in the disputed thoroughfare.
(2.) It is pertinent to mention that the applicant had purchased a plot of land from Gyan Chand who had purchased the same from one Rajendra Singh Tomar.
(3.) In the times when the said plot of land (now occupied by the applicant) was owned by Rajendra Singh Tomar, a case no.20 of 1992 was instituted by one of the neighbours Babu Singh Chauhan in the court of City Magistrate, Dehradun u/s 133 Cr.P.C., asking the intervention of the Court to restrain Mr. Tomar from grabbing the land, in dispute, as an extension of plot of land owned by him. Vide order dated 16.06.1992, learned Magistrate allowed the application of Mr. Chauhan and restrained Rajendra Singh Tomar accordingly. A revision was thereafter preferred by Mr. Tomar which was dismissed on merits by the judgment dated 7.5.1993 passed by learned Additional Sessions Judge, Dehradun.;
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