PUNNU AND ORS. Vs. DARSHAN KUMAR AND ORS.

JUDGEMENT

(1.) The present petition, under Article 227 of the Constitution of India, is maintained by the petitioners for quashing and setting aside the impugned order, dated 4.5.2018, passed by the learned Civil Judge (Senior Division), Court No.1, Amb, District Una.

(2.) The key facts, giving rise to the present petition are that the petitioners-plaintiffs (hereinafter referred to as 'plaintiffs') has maintained a suit for permanent prohibitory injunction restraining the respondents-defendants (hereinafter referred to as 'defendants') from interfering in any manner, cutting and removing the standing trees and making any type of construction over the suit land measuring 0-30-94 hectares, bearing Khewat No.290, Khatauni No.551, Khasra No.2139, 2140, 2141, situated at Up Mohal Kailash Nagar, Village Nakroh, Tehsil Amb, District Una. As per the petitioners, they have moved an application, under Order 7 Rule 14 (3) of the Code of Civil Procedure to place on record the copy of order passed by the learned Divisional Commissioner, Kangra, in order to show that the correction of revenue entries passed by the orders of the Settlement Officer, has attained finality. The defendants preferred Appeal No.191 of 2002, against the orders of Settlement Officer has been dismissed by the learned Divisional Commissioner, Kangra at Dharamshala, vide order dated 10.1.2017. The petitioners further averred that while deciding the application, under Order 7 Rule 14 (3) of the Code of Civil Procedure, the learned Court below has not appreciated the real controversy and relevancy of document and came to a wrong conclusion by rejecting/dismissing the application of the petitioners on the ground that the case is very old and targeted, it will take much time to dispose of the present case, in case, the application is to be allowed and it will cause unnecessary delay in deciding the present case. Hence, the present petition.

(3.) Heard.