DEVI SARAN Vs. CHET RAM

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India is directed against the order dated 27.4.2010 passed by the learned District Judge, Shimla in Civil Miscellaneous Appeal No.65-S/14 of 2009 whereby he dismissed the appeal filed by the appellant and upheld the order of the Civil Judge (Jr.Division), Court No.2, Shimla for taking action against the respondents under Order 39, Rule 2-A, CPC.

(2.) Briefly stated the facts of the case are that the respondents (hereinafter referred to as the `plaintiffs') filed a suit praying that the present petitioner be restrained from interfering in the possession of the respondents on Khasra No.456. An application for interim relief was also filed and admittedly, on a petition numbering CMPMO No.159 of 2006 filed by the respondents herein under Article 227 of the Constitution of India, this Court ordered as follows:-

(3.) The parties were directed to maintain status quo qua the said property which admittedly is Khasra No.456.