SOM NATH Vs. NARESH S/O JAI SINGH

JUDGEMENT

(1.) By means of the present petition under Art. 227 of the Constitution of India, the defendant petitioner seeks to set-aside the judgment/order passed by the learned District Judge, Mandi in Civil Miscellaneous Appeal No. 17 of 2010 decided on 23.8.2011, whereby the respondent-plaintiffs application under Order 39 Rules 1 and 2 of the Code of Civil Procedure was allowed, restraining the defendant-petitioner from raising any sort of construction in the suit land in violation of the compromise decree dated 1.12.1988 by covering whole of the suit land, without leaving the space for 4 feet wide stair-case at the angle of 30o to 45o till the final disposal of the suit while reversing the order of dismissal of the application by the learned trial Court.

(2.) Pre-admission notice was served upon the respondent and Shri Surinder Saklani, learned counsel has put in appearance on his behalf.

(3.) Heard and gone through the record.