PARAS RAM Vs. KIRAN & OTHERS

JUDGEMENT

(1.) Plaintiff, Paras Ram (petitioner herein) filed a suit for declaration of his status over the suit land allegedly possessed by him, with a further prayer for injunction, restraining the defendants (Kiran, Prithi Chand and Indu - respondents herein) from interfering with the nature and user thereof.

(2.) In the written statement defendants averred that Shri Prithi Chand (defendant No. 2) and Smt.Indu (defendant No. 3) had sold the land to Smt.Kiran (defendant No. 1) vide registered sale deed executed in the year 2014, where after entries of ownership were also recorded in the revenue record with the preparation of revenue record and carving out of a separate tatima (spot map & revenue record). The construction so raised is exclusively over the land under the ownership and possession of Smt. Kiran (defendant No.1).

(3.) In an application, so filed under Order 39 Rules 1 & 2 CPC, trial Court directed the parties to maintain status quo, qua nature and possession of the suit land. Order dated 4.12.2015, so passed by Civil Judge (Junior Division), Kandaghat, District Solan, H.P. in CMP No. 7-K/6 of 2015 (Civil Suit No. 6-K/1 of 2015), titled as Paras Ram vs. Kiran & others, came to be assailed by the defendants and vide impugned order dated 11.4.2016, passed in Civil Misc. Appeal No. 01ADJ-II/14 of 2016, titled as Kiran & others vs. Paras Ram, the lower appellate Court set aside the same by allowing the appeal.