PARKASH CHAND SON OF LATE SHRI CHANDU RAM, RESIDENT OF VILLAGE AND POST OFFICE CHOWKI KANKARI, TAPPA MEHALTA, TEHSIL AND DISTRICT HAMIRPUR, H.P. Vs. SARWAN KUMAR AND ORS.

JUDGEMENT

(1.) THIS petition under Article 227 of the Constitution of India has been filed against the judgment dated 27.6.2012 passed by learned Additional District Judge, Fast Track Court, Hamirpur in RBT No. 05/2012 in Civil Misc. Appeal No. 13 of 2012 affirming order dated 22.6.2011 passed in C.M.A. No. 352 of 2002 by learned Civil Judge (Junior Division), Court No. 1, Hamirpur.

(2.) The facts, in brief, are that in Civil Suit No. 303 of 2002 in an application under Order 39 Rules 1 and 2 CPC, the Court on 23.10.2002 issued an exparte ad -interim injunction restraining the respondents from raising any construction over the suit land comprised in Khata No. 583 min, Khatauni No. 787 min, Khasra Nos. 1014, 1022, Kitas 2 total measuring 2 Kanals 1 Marla as per jamabandi 1997 -98 Tika Chowki Kankari, Tehsil Hamirpur. The respondents No. 1 to 3 were served, they engaged respondents No. 4 and 5 and raised three sheds of bricks on the suit land. The respondents thus disobeyed the order dated 23.10.2002. The application under Order 39 Rule 2 -A CIP was filed for proceeding against the respondents.

(3.) THE evidence was led oral and documentary from both sides. The learned Civil Judge (Junior Division) dismissed the application on 22.6.2011. The appeal filed by petitioner and proforma respondents 6 and 7 was dismissed by lower Appellate Court on 27.6.2012.