SANJIV KUMAR Vs. JOGINDER LAL

JUDGEMENT

(1.) THIS petition has been instituted against Order dated 2.12.2014 passed by learned Civil Judge (Junior Division), Court No. II, Amb, District Una, Himachal Pradesh in Civil Suit No. 132/2011.

(2.) "Key facts" necessary for the adjudication of the present petition are that petitioner -plaintiff (hereinafter referred to as 'plaintiff' for convenience sake) filed a suit for permanent injunction to restrain defendant -respondent (hereinafter referred to as 'defendant' for convenience sake) from raising any construction or changing the nature or blocking the path marked X and Y as shown in the Site Plan with respect to part of Khasra No. 1720 measuring 0.14.62 hectares as per Jamabandi for the year 2007 -08 and, in the alternative, suit for mandatory injunction by demolition of the structure and super -structure, if any, raised during the pendency of the suit. Suit was instituted on 12.7.2011. Status quo was ordered. Written statement was filed on 12.11.2012 and replication was filed on 24.3.2012. Issues were framed on 14.8.2013.

(3.) APPLICATION was contested by the defendant by filing reply. Learned trial Court dismissed the application on 2.12.2014. Hence, this petition.