(1.) By way of instant petition, petitioner has assailed order dtd. 9/10/2023, passed by learned District Judge, Shimla in Civil Misc. Appeal No. 53 of 2023, titled as Sona Sharma vs. Chandermani Sharma and another.
(2.) Petitioner is original plaintiff in Civil Suit No. 98 of 2021, pending before the learned Civil Judge, Court No.5, Shimla, whereby the plaintiff has sued the respondents herein. Initially a decree of permanent prohibitory injunction was claimed against respondents No. 1 and 2 (defendants No. 1 and 2 before the learned trial Court) seeking to restrain them from interfering with the peaceful possession of the plaintiff in respect of one shop measuring 14.96 square meters in the basement floor of Himachal Pradesh State Cooperative Bank Building, The Mall, Shimla (hereinafter referred to as the 'suit property'). The suit was filed on the premise that the proforma defendant, Himachal Pradesh State Cooperative Bank (for short 'the bank') was the owner of the suit property and the predecessor-in-interest of plaintiff Sh. Saloo Ram was a tenant therein. After death of Sh. Saloo Ram, plaintiff was in possession of the suit property, as he had exclusively been managing the same. As per plaintiff, the bank had also transferred the tenancy rights in the suit property in favour of the plaintiff in the year 2013 and a lease deed to that effect was executed on 5/4/2013. It was further averred that the plaintiff had been paying rent to the bank. The bank had also filed eviction proceedings against the plaintiff in respect of the suit property.
(3.) Along with the plaint plaintiff also filed an application under Order 39 Rules 1 and 2 for interim injunction to restrain defendants No. 1 and 2 from interfering in the possession of the plaintiff qua the suit property. On 2/7/2021, the learned trial Court passed an ex-parte injunction order in favour of the plaintiff in following terms:-