NAIN SINGH Vs. BRIKAM SINGH

JUDGEMENT

(1.) THE present petition is instituted against the order dated 31.7.2013 passed by the learned Civil Judge (Senior Division), Mandi, H.P., in Civil Suit No. 18/09.

(2.) PERTINENT facts necessary for adjudication of this petition are that the petitioner/plaintiff (hereinafter referred to as the "plaintiff" for the sake of convenience) filed a suit for permanent prohibitory injunction against the respondents/defendants (hereinafter referred to as the "defendants" for the sake of convenience) for restraining them not to create any obstruction over the suit land, which was being used as path/road by the plaintiff. The illegal construction of brick stairs raised by the defendants was sought to be removed by a decree of mandatory injunction restoring the suit land to its original position. In the alternative, it was prayed that if the defendants raised any construction over the suit land during the pendency of the suit, which was being used by the plaintiff as path/road, the same be removed by a decree of mandatory injunction restoring the suit land to its original position.

(3.) ACCORDINGLY , in view of the discussion and analysis made hereinabove, there is no merit in the petition and the same is dismissed. Pending application(s), if any, also stands disposed of. No order as to costs.