ROOP KUMARI Vs. STATE OF H.P.

JUDGEMENT

(1.) By way of instant petition, the petitioners have assailed order dtd. 8/9/2022, passed by learned District Judge, Solan in Civil Miscellaneous Appeal No.4-S/14 of 2022, whereby order dtd. 18/2/2022 passed by learned Senior Civil Judge, Kasauli, District Solan in CMA No.187/6 of 2020 in Civil Suit No.160/1 of 2020 has been affirmed and the application of the petitioners under order 39 rules 1 and 2 of the Code of Civil Procedure has been dismissed.

(2.) The petitioners are plaintiffs in Civil Suit No.160/1 of 2020 pending on the files of learned Senior Civil Judge, Kasauli, District Solan. Parties hereinafter shall be referred to by same status as they hold before the learned trial Court.

(3.) The plaintiffs have filed civil suit number 160/1 of 2020 seeking declaration that they are owners-in-possession of land comprised in Khata No.33, Khatauni No.43 min, Khasra No.433, measuring 158 Sq. meters in Mauja Nauti, Tehsil Kasauli, District Solan along with structure thereon (for short the, "Suit Property"). Mutation No.157 dtd. 7/3/1957 attested in favour of Nagar Panchayat and Mutation No.190 dtd. 8/7/1975 attested in favour of defendant are wrong, illegal, null and void and without jurisdiction. The entries in records of rights showing the defendant to be owner-in-possession of suit land are also wrong, illegal, null and void. Challenge has also been laid to order dtd. 8/3/2016, passed by Assistant Collector, 1st Grade (settlement), Kasauli in Case No.8/13 of 2015 ; order dtd. 10/6/2016 passed by Assistant Settlement Officer Solan in Appeal No.11 of 2016; order dtd. 30/5/2017 passed by learned Divisional Commissioner, Shimla in Revision Petition No.482/2016 and order dtd. 1/2/2020, passed by Financial Commissioner (Appeals) Himachal Pradesh in Revision Petition No.89 of 2019. A decree for permanent prohibitory injunction has also been prayed for to restrain the defendant from dispossessing the plaintiffs from the suit land on the basis of order dtd. 8/3/2016 passed by Assistant Collector 1st Grade (Settlement), Kasauli. In the alternative, it has been prayed that in case the defendant succeeds in demolishing or damaging the structure and dispossessing the plaintiffs forcibly and illegally, in that event, decree for mandatory injunction be also passed restoring the suit property to its original condition.