RAJ KUMAR VERMA Vs. SHIVANI VERMA

JUDGEMENT

(1.) IN this petition, preferred under Article 227 of the Constitution of India, the petitioner has assailed the judgment of the learned District Judge, passed in CMA No. 24 -S/14 of 2007, dated 21.2.2008, affirming the order of dismissal passed by the learned trial Court in case No. 105/6 of 2004/2002 decided on 30.4.2007, whereby the application under Section 39 Rule 2 -A of the Code of Civil Procedure moved by the petitioner against the respondent was dismissed.

(2.) THE brief facts can be summoned up thus. The petitioner herein was a plaintiff. He had filed the suit against the respondents, seeking the relief of permanent prohibitory injunction, restraining the respondents from causing any interference in his peaceful possession of the land comprised in Khewat/Khatuani No. 274/324, bearing Khasra No. 1007/601, measuring 92 square meters, situated at Mauja Jawahar Park, Tehsil and District Solan, H.P.

(3.) SHRI Dushyant Dadhwal, learned Counsel for the petitioner has vehemently argued that the photocopy of the order was already on the record of the learned trial Court alongwith the file of the suit and application, thus findings of the courts below are contrary to the facts, there was defiance of the stay order therefore, the respondents were required to be punished in accordance with law.