GUMAN Vs. RAM CHAND & OTHERS

JUDGEMENT

(1.) The instant petition, is, directed against the orders pronounced by the learned Civil Judge (Junior Division), Nahan, District Sirmour, H.P., upon, CMA No. 43/6 of 2017, whereunder, the SHO concerned, was directed, to implement the orders, rendered, on 28.02.2017 upon CMA No. 27/6 of 2017.

(2.) The learned Civil Judge (Junior Division) concerned, on 28.02017, pronounced, a common order, upon, CMA No. 200/6 of 2016, and, upon CMA No. 27/6 of 2017. One amongst the aforesaid application, was cast, by the plaintiff/non-counter claimant, and, the other application, was, cast by the defendants/counter claimants.

(3.) The plaintiff/non-counter claimant, in his application, had contended of his being owner, in possession, of the suit land, borne in Khata Khatauni No.112/167, Khasra No.733/103, measuring 2-03 bighas, situated at Mauza Trilokpur, Tehsil Nahan, District Sirmaur, H.P., and, the defendants/nonapplicants/ counter claimants, holding no right, title or interest, upon, the aforesaid khasra numbers, (i) and, theirs rather on 7.12.2016, making an unlawful attempt, to use a portion of the aforesaid khasra numbers, as a path, for, theirs accessing their homestead. Consequently, the plaintiff/non-counter claimant, contended, that the relief of ad interim injunction, being granted qua him, and, against the defendants, for restraining them, from using any part of the suit land, as a path, for theirs accessing their homestead(s).