MILKHI RAM Vs. DINESH KUMAR

JUDGEMENT

(1.) THE respondents/plaintiffs (hereinafter referred to as the "plaintiffs" for convenience sake) have filed a civil suit No. 243 of 2011 in the Court of Civil Judge (Senior Division), Nadaun, District Hamirpur, HP, against the petitioners/defendants (herein after referred to as the "defendants" for convenience sake) under Sections 34, 38 and 39 of the Specific Relief Act, 1963 for permanent prohibitory injunction restraining the defendants, their agents, servants, family members and labourers from raising any construction, changing nature of the suit land and dispossessing the plaintiffs therefrom and from further carving any road/path through the land in their possession and removing any trees in Khata No. 209, khatauni No. 277, bearing Khasra No. 1118, 1119, 1120, kita 3, measuring 0 -09 -35 hectares and Khatauni No. 278, bearing Khasra Nos. 1132, 1133, kita 2, measuring 0 -09 -66 hectares, total kita 5 measuring 0 -19 -01 hectares situated in Tikka Mohal Bela, Mouza Jalari, Tehsil Nadaun, District Hamirpur, H.P., till its partition and in case the defendants succeed in raising construction or changing the nature of suit land, in that event, they be directed by way of mandatory injunction to restore the suit land to its original position. According to them, the suit land was joint, un -partitioned and is valuable piece of land. The defendants were causing unlawful interference by way of digging suit land for the purpose of raising construction. They have also stacked huge construction material on the suit land. They were threatening to carve out path/passage through the suit land.

(2.) THE defendants have contested the claim by filing written statement. According to them, path measuring 7 x 1 meters was existing on the spot. It leads to the house of the parties and their property. The passage was repaired in the month of September/October 2011. The predecessor -in -interest of the plaintiffs, vide agreement dated 18.8.2007, had acknowledged the existence of the path. The defendants also filed counter claim bearing No. 233 of 2012, for restraining the plaintiffs from causing interference in the user and maintenance and changing the nature of the suit land in any manner whatsoever.

(3.) THE plaintiffs, feeling aggrieved by the common order dated 12.10.2012, in CMA No. 429/2011 and CMA No. 212/2012 filed a Civil Misc. Appeal bearing No. 30 of 2012, before the learned Additional District Judge, Fast Track Court, Hamirpur. The appeal preferred by the plaintiffs was allowed and order dated 12.10.2012 rendered by the learned Trial Court in CMA No. 429/2011 and CMA No. 212/2012 was set aside, directing the parties to maintain status quo qua nature and possession over the suit land including the paths existing therein, till the disposal of the main suit. The interim injunction granted was vacated.