KARAM CHAND Vs. JANAK SINGH

JUDGEMENT

(1.) Petitioner, through her GPA Sh. Dinesh Negi, has filed the present petition under Article 227 of the Constitution of India, against the order passed by learned Additional District Judge-II, Solan in Civil Appeal No. 3-ADJ-II/14 of 2019, decided on 30/10/2019, whereby, learned Additional District Judge-II affirmed the order passed by learned Civil Judge, Court No. 1, Solan, in an application filed under Order 39 Rule 1 and 2 CPC.

(2.) For the sake of convenience, the parties to the present petition are referred in the same manner, in which, they have been referred by learned Civil Judge, Court No. 1, Solan (hereinafter referred to as, "the trial Court") as well as by learned Additional District Judge-II, Solan (hereinafter referred to as "the first appellate Court").

(3.) The plaintiff has filed a suit for permanent prohibitory injunction against the defendant-society for restraining it from causing any interference in the property, comprised in Khata/Khatauni No. 58 min/143 min, Khasra No. 596, measuring 000096 hectares alongwith one storeyed old house having plinth area 96 square meters, situated in Mohal Ber Khas, Hadbast No. 44, Tehsil and District Solan, H.P. (hereinafter referred to as "the suit property", and also for mandatory injunction and recovery of mesne profit @ 7500/per month, w.e.f. 23/3/2018 upto 28/2/2019 and future mesne profit from 1/3/2019 till the locks of the same are unlocked.