DALIP SINGH Vs. GEETA RAM

JUDGEMENT

(1.) The Petitioners are Defendants in Civil Suit No. 234-A/l of 1992 presently pending in the Court of Sub-Judge 1st Class, Arki camp at Nalagarh, filed by the Respondents-Plaintiffs. Respondent-Defendant, State of Himachai Pradesh, is also a party Defendant No 5 in the suit. The suit of the Respondents-Plaintiffs is for permanent prohibitory injunction restraining the Petitioners-Defendants from causing any obstruction/blockade and changing the nature of the suit property, as detailed in the Jamabandis for the year 1985-86 placed on record as Annexures-A and B and also for mandatory injunction to remove such obstruction, if caused, during the pendency of the suit.

(2.) Alongwitb. the plaint, an application under Order XXXIX, Rules 1 and 2, Code of Civil Procedure was also filed by the Respondents-Plaintiffs on which the following ad interim order was passed on 24th April, 1992:

(3.) It seems, the Petitioners-Defendants came to know of the ad interim order 24th April, 1992 and they rushed to file reply to the application under Order XXXIX, Rules 1 and 2, Code of Civil Procedure praying for vacation of the ex-parte order and an application for the appointment of a Local Commissioner to visit the spot to ascertain whether there exists any common path and what is the nature, user and character of a part of the suit land, measuring 10 Biswas, comprised in Khasra No. 393/2/1 and 393/2/2.