SANDEEP KUMAR Vs. MEENA

JUDGEMENT

(1.) Present petition, under Article 227 of the Constitution of India, has been preferred against judgment dtd. 28/12/2021, passed by Additional District Judge(II), Shimla, District Shimla, H.P., in Civil Miscellaneous Appeal No.7-S/14 of 2021, titled as Meena and others vs. Sandeep Kumar and another, whereby order dtd. 7/4/2021, passed by Civil Judge, Court No.6, Shimla, H.P., in CMA No.50-6 of 2021 in Civil Suit RBT No.49-1 of 2021, titled as Sandeep Kumar and another vs. Meena and others, has been modified to the extent that interim injunction shall not operate against the respondents in respect of acquired width area and set back area of the tenanted premises but shall be operative only with respect to tenanted suit premises.

(2.) I have heard learned counsel for the parties and have also gone through the material placed before me.

(3.) Petitioners/plaintiffs' case is that petitioner No.1 is in business of sale of tyres and is doing his business under the name and style of M/s Punjab Tyres and as per requirement and demand of business, he has installed machines of wheel balancing and wheel alignment of vehicles of his customers, who purchase tyres from him. Petitioner No.2 is a Motor Mechanic running his business under the name and style AVN Motors and he used to repair defective vehicles and also does denting and painting of the vehicles.