PREM CHAND & OTHERS Vs. INDER MOHAN

JUDGEMENT

(1.) Instant petition filed under Art. 227 of the Constitution of India, is directed against the judgment dated 28.07.2018, passed by learned District Judge, Hamirpur, H.P. in Civil Misc. Appeal No. 7 of 2018, affirming the order dated 01.02.2018, passed by learned Senior Civil Judge, Nadaun, District Hamirpur, H.P., in C.M.A No.238 of 2016, whereby an application filed under Order 39, Rules 1 & 2 CPC, having been filed by the respondent/plaintiff (hereinafter referred to as "plaintiff") came to be allowed.

(2.) Necessary, facts as emerge from the record are that plaintiff had filed a civil suit for permanent prohibitory injunction and mandatory injunction under Sections 38 and 39 of the Specific Relief Act, praying therein that the suit land comprised of Khata No.20 min, Khatauni No.40 min, Khasra No. 339,measuring 0-00-66, hectares situated at Tika Dhadoon, Mouja Hathol, Tehsil Nadaun, District Hamirpur, is owned and possessed by him and petitioners (hereinafter referred to as "defendants") have no right, title or interest whatsoever over the same. Plaintiff further averred in the plaint that there is abadi of plaintiff over the part of the suit land and rest of the suit land is used as courtyard. Defendants are totally strangers to the suit land. They have no right, title or interest, whatsoever over the suit land. Plaintiff also averred in the suit that defendants are threatening to raise construction and create passage over the courtyard of the plaintiff and as such they be restrained by issuing decree of permanent prohibitory injunction and mandatory injunction.

(3.) Along with aforesaid suit, plaintiff also filed an application under Order 39, Rules 1 & 2 CPC, praying therein for ad-interim injunction. Learned trial Court vide an order dated 1st Feb., 2018, allowed the application and directed the defendants not to cause any interference, raise construction, create nuisance, change the nature and create path through the suit land till the final disposal of the main suit on merits.