KALPANA SOOD Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of instant petition, exception has been taken to the proceedings u/s 145 Cr.P.C., initiated by learned Sub Divisional Magistrate, Palampur, District Kangra, H.P. and the order dtd. 26/6/2020 passed therein. The impugned order reads as under:-

(2.) It is not in dispute that impugned order pertains to the same land which is the subject matter of a Civil Suit for permanent prohibitory injunction filed by the petitioner against respondent No.2 in the Court of Learned Senior Civil Judge, Palampur as Civil Suit No. 325 of 2019. Possession of property in question is already in issue in said suit.

(3.) Along with the above said civil suit, an application for interim injunction being CMA No. 598 of 2019 was also filed by the petitioner against respondent No.2, which was dismissed by the learned Senior Civil Judge, Palampur on 23/11/2019. Petitioner preferred an appeal under Order 43, Rule 1 (r) of the Code of Civil Procedure which has also been decided by the learned Additional District Judge-III, Kangra at Dharamshala as Civil Misc. Appeal No. 3-D/XIV 2030 vide order dtd. 25/11/2020, and the parties have been directed to maintain status quo qua nature and possession of the suit land. Further, the order passed by the learned Additional District Judge-III, Kagra at Dharamshala is subject matter of CMPMO No. 87 of 2021 before this Court.