HUKAM RAM Vs. SANGAT RAM

JUDGEMENT

(1.) IN this petition filed under Article 227 of the Constitution of India, petitioner/plaintiff has assailed the order dated 15.10.2012 passed by learned District Judge, Kullu, H.P. in Civil Misc. Appeal No. 7 of 2012 (RBT 15/12), titled as Hukam Ram vs. Sangat Ram & others, affirming the order dated 6.6.2012 passed by learned Civil Judge (Senior Division), Kullu, H.P. in C.M.A. No. 323 -VI of 2011, titled as Hukam Ram vs. Sangat Ram & others. In terms of the impugned orders, plaintiff's application filed under Order Whether reporters of Local Papers may be allowed to see the judgment? 39 Rules 1 and 2 C.P.C. for grant of ad -interim injunction stands rejected.

(2.) PLAINTIFF Sh. Hukam Ram filed a suit for permanent prohibitory injunction against his father Sh. Sangat Ram (defendant No. 1) and brothers Sh. Jagdish (defendant No. 2) and Sh. Govind Singh (defendant No. 3). Plaintiff avers that he purchased 0 -8 -0 bighas of land comprised in khasra Nos. 1928 and 2077 which is 24 shares out of 51 shares in khewat No. 194/1, khatauni No. 352. Out of respect, it was so done in the name of his father. Also he constructed a hotel on this land by taking loan in the name of his father. Now in connivance, his father and brothers, with an evil eye, wants to usurp the property. As such, they be restrained from interfering with his possession by way of permanent prohibitory injunction. They be also restrained from alienating the hotel premises.

(3.) THE Courts below, appreciating the material on record, have rejected the plaintiff's application for grant of ad - interim injunction.