PREM SINGH Vs. KULDEEP SINGH

JUDGEMENT

(1.) During, the pendency of the plaintiff's suit (i) wherethrough the plaintiff/ respondent No.1 herein (for short the plaintiff), strived for rendition of a decree for permanent prohibitory injunction, and, mandatory injunction, vis-a-vis, the purported unauthorized construction raised, upon, the defendants' building comprised in khasra No. 120, situated at Mohal Totu, Tehsil and District Shimla (for short "suit property"), (i) hence, the plaintiff through an application, cast under Order 39 Rule 1 and 2, strived to obtain relief, of, adinterim injunction, for, hence, during, the pendency of the suit, the defendant being restrained, from, raising the afore purported unauthorized construction, upon, the suit property.

(2.) The learned trial Court, declined, the apt relief to the plaintiff, and, the aggrieved plaintiff, upon, motioning the learned District Judge begot success upon CMA No. 46-S/14 of 2017, and, the defendant being aggrieved therefrom, hence, has instituted the instant petition before this Court.

(3.) The learned counsel(s), appearing for the contesting litigants, made a forthright submission before this Court, that, vis-a-vis, the purported unauthorized construction, raised by the defendant, upon, the suit property hence statutory proceedings standing drawn against him, by the Municipal Commissioner, of, MC Shimla. However, the drawing of, the, afore statutory proceedings, against the aggrieved defendant, would not constitute, any, valid embargo against the plaintiff, to, within the ambit of law, espouse for obtaining the relief of mandatory, and, permanent prohibitory injunction, nor, the plaintiff would be barred to, during the pendency of the apposite Civil Suit, (a) make strivings for an order being made qua, during, the phase of lis being sub judice, before the learned trial Court, hence the defendant being restrained, from, raising any purported unauthorized construction, upon, the suit property. Moreover the statutory bar, against the Civil Court(s) hence entertaining any suit for declaring void, the, drawing(s) of apposite statutory proceedings, by learned Commissioner, would work, only against the defendant, and, would not work against the plaintiff.