RAMESH CHAND Vs. DESH BANDHU AND OTHERS

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India takes exception to the order passed by learned Civil Judge (Senior Division), Nadaun, District Hamirpur, on 21.12.2015 whereby he permitted the respondents to lead evidence. The facts as are necessary for the adjudication of this petition may be stated thus.

(2.) The petitioner alongwith proforma respondent No.14 filed a suit for permanent prohibitory injunction against the respondents seeking to restrain them from interfering by using and creating path, cutting crops, trees, digging and encroaching the land by construction comprised in Khata No. 58, Khatauni No. 69 Khasra No. 8 (old) and new 200, 201 and 219 Kitas 3 measuring 0-40-32 hectares and Khata No. 59, Khatauni No. 71, Khasra Nos. 194, 195, 224, 225 Kita 4 measuring 0-30-40 hectares as per jaabandi for the year 2002-2003, situated in village Bag Mouza Hathol, Tehsil Nadaun, District Hamirpur,H.P. and in the alternate for possession by way of demolition over Khasra No. 225 over which one room has been forcibly constructed in the year 200

(3.) The respondents contested the suit and also preferred a counter claim against the petitioner and proforma respondent No.14. The parties were put to trial and the issues were framed in the year 2009 itself. The evidence of the petitioner was completed in 2010 and thereafter the matter was listed for the evidence of respondents No. 1 to 1