VINOD KUMAR Vs. RAM DITTA ALIAS AMAR SINGH

JUDGEMENT

(1.) By way of instant petition, the petitioner has assailed order dtd. 14/2/2025 passed by learned District Judge, Hamirpur in Civil Misc. Appeal No. 65 of 2023, whereby the order dtd. 7/11/2023 passed by learned Senior Civil Judge, Hamirpur in CMA No. 135 of 2023 has been set aside and the application of the respondent herein for interim injunction has been allowed.

(2.) The respondent herein is the plaintiff before the learned trial Court. He has filed a suit against the petitioners herein/defendants for a decree of permanent prohibitory injunction to restrain them from blocking the passage of respondent/plaintiff through a "Galli" in land comprised in Khata Khatauni No. 232, Khasra No. 110 measuring 1 Kanal 18 Marla situated in Village Sambi Mauza Bamson, Tehsil Bhoranj, District Hamirpur, H.P. till the partition of the land.

(3.) The suit has been filed on the premise that the land comprised in Khasra No.110 was recorded in joint ownership of plaintiff, defendants and other co-sharers. As per the plaintiff, he had purchased two shops constructed over the part of the suit land from the predecessor-in-interest of the defendants No.3 to 5 alongwith vacant land to the extent of 6 Marlas in the year 2006. After the purchase of the property, plaintiff constructed two rooms on the part of the vacant land behind the existing two shops in the year 2010- 2011. It is also the case of the plaintiff that after selling the aforesaid portion to the plaintiff, another shop remained in ownership and possession of the defendants and in between the two properties, there remain a common passage/galli. Plaintiff claims that he has been using the common passage/galli since the construction of rooms in the year 2010-2011 without any objection or interruption of defendants. Plaintiff also alleged that the defendants also constructed a shed on the back side of their shop which has been let out to the tenants, who are also using the same passage/galli.