AKSHAY DEOGAR Vs. KANWAR VIJAY SINGH

JUDGEMENT

(1.) The present petition has been filed laying challenge to the impugned order dtd. 21/3/2022, passed by learned Civil Judge (7), Shimla, Himachal Pradesh, in Civil Suit No.287 of 2010, titled Vijay Singh vs. Akshay Deogar, whereby an application, under Order 7 Rule 14 of the Civil Procedure Code, filed by respondents No.1 and 2, has been allowed.

(2.) Heard learned counsel for the parties and perused the petition, pleadings, documents appended thereto and the impugned order.

(3.) The present respondents are the plaintiffs before the trial Court. The plaintiffs have filed a Civil Suit seeking permanent prohibitory injunction against the present petitioner and mandatory injunction against respondent No.3. In the suit so filed, respondents No.1 and 2 state that vide sale deed dtd. 28/12/1977, land had been sold by them to one Mr. Parkash Shankar. The said Parkash Shankar vide sale deed dtd. 3/8/1999 sold the land to the present petitioner/defendant No.1. The land sold by virtue of the aforesaid two sale deeds has been referred in the revenue record as "Jai Safed", i.e. open space.