NAVEEN KUMAR Vs. INDER DEV

JUDGEMENT

(1.) By way of instant petition under Article 227 of the Constitution of India, the petitioners have assailed order dtd. 17/2/2025 passed by learned Additional District Judge-II, Mandi, District Mandi, H.P. in Civil Miscellaneous Appeal No. 06 of 2024 whereby the order dtd. 2/9/2024 passed by learned Civil Judge, Court No. II, Mandi in CMA No. 173/2024 has been set-aside.

(2.) The petitioners herein are the plaintiffs in Civil Suit No. 50 of 2024 pending on the files of learned Civil Judge, Court No. II, Mandi, District Mandi, H.P. They have filed the suit for the relief of permanent prohibitory injunction against the respondents/defendants to restrain them from stacking any construction material or raising any construction over the suit land till its partition by metes and bound. The suit land is shown as comprised in Khata Khatauni No. 26/28, Khasra Nos. 1391/18, 1392/18, 1396/18, Kita 3, measuring 3/4/1 bighas, situated in Muhal Behna/210, Tehsil Balh, District Mandi, H.P. (hereinafter referred to as the suit land).

(3.) The parties herein shall be referred to by the same status as they hold before the learned trial Court.