UTTAM CHAND Vs. TARA CHAND

JUDGEMENT

(1.) Petitioners are before this Court against the order dtd. 18/4/2023, passed by learned District Judge, Mandi, District Mandi, H.P. in Civil Misc. Appeal No. 19 of 2023, whereby their appeal under Order 43 Rule 1 (r) of the Code of Civil Procedure has been dismissed and the order passed by learned Civil Judge, Court No.3, Mandi in CMA No. 987 of 2022 in Civil Suit No. 338 of 2022 has been affirmed.

(2.) Petitioners herein are plaintiffs in Civil Suit No. 338 of 2022, pending before the learned Civil Judge, Court No.3, Mandi and the respondents herein are the defendants. The parties hereafter shall be referred to by the same status, which they hold before the learned trial Court.

(3.) Plaintiffs have filed a suit for permanent prohibitory and mandatory injunctions against the defendants in respect of two shops constructed on land comprised in Khata-Khatauni No. 498/566, Khasra Nos. 62/2 and 62/3, situated at Village Nagchala, Tehsil Balh, District Mandi (for short "the suit property").