RAGANI DEVI Vs. CHETNA SEN V.

JUDGEMENT

(1.) Instant petition filed under Article 227 of the Constitution of India, lays challenge to order dtd. 27/3/2023 passed by the learned District Judge, Mandi, H.P., in CMA No. 8 of 2023, titled Chetna Sen v. Ragni Devi and Ors, reversing order dtd. 6/12/2022, passed by the learned Civil Judge, Court No.2, Mandi, District Mandi, in CMA Reg No. 648 of 2022 and in CMA Reg No. 792/2022, whereby court below restrained the respondents-defendants from raising construction on the area of old path i.e. khasra No. 288, 289/1, 290 and 289/6 till new path is constructed through khasra Nos. 289/2 and 287. Court below also restrained the defendants from interfering in the land allotted to the respondent-plaintiff in khasra Nos. 289/3, 289/4, 298/1 till the suit is not decided on merits. Besides above, court below also restrained the defendants from interfering or raising construction over khasra Nos. 289/2 and 287, till such suit is not decided on merits.

(2.) Precisely, the facts of the case as emerge from the record are that, plaintiff filed civil suit with a prayer to issue mandatory injunction restraining the defendants from constructing path/road through khasra No. 289/2 and 287, which is kept joint by all the co-sharers for raising construction of path/road and to co-operate the plaintiff in raising construction of the path. Besides above, plaintiff also prayed for injunction restraining the defendants by directing them to remove the old construction from khasra No. 289/2 and 287 for the purpose of construction of path/road. Alongwith aforesaid suit, petitioner also filed an application under Order 39 Rules 1 and 2 CPC, praying therein for ad-interim injunction.

(3.) Court below having taken note of the pleadings adduced on record by the respective parties passed restraint order dtd. 6/12/2022, restraining the defendants from raising construction on the area of the old path as detailed herein above till new path is constructed.