KAMAL KISHORE Vs. DEVI SINGH

JUDGEMENT

(1.) By way of present petition filed under Article 227 of the Constitution of India, a challenge has been laid to judgment dated 29.05.2019, passed by learned Additional District Judge-II, Mandi (Jogindernagar Court) in Civil Misc.Appeal No.2/2019, reversing the order dated 17.01.2019 passed by learned Civil Judge, Jogindernagar, District Mandi, H.P. In CMA No.317-IV/2018 in Civil Suit No.149/2017, whereby learned trial Court below rejected the application under Order 39 Rule 4 of the Code of Civil Procedure (for short 'CPC'), having been filed by the Whether the reporters of Local Papers may be allowed to see the judgement? Yes respondents-defendants (hereinafter referred to as the 'defendants') for vacation of stay.

(2.) Precisely, the facts, as emerge from the record, are that the petitioner-plaintiff (hereinafter referred to as the 'plaintiff') filed suit for permanent prohibitory injunction and mandatory injunction against the defendants in respect of land comprised in Khewat No.205/195, Khatauni No.223/212, Khasra No.807/650/82, Kita 1, measuring 04-06-05 bighas, situate in Mohal Katipari/536, Patwar Circle Padhar, Tehsil Padhar, District Mandi, H.P. averring therein that the suit land is jointly owned and possessed by the parties to the lis and other co-sharers since the same has not been partitioned yet. Plaintiff further alleged that the defendants have no separate title or interest qua the suit land, intended to be grabbed by him, by way of raising structure on the best and valuable portion of the suit land, as such, decree of injunction may be passed against them. Alongwith aforesaid suit, plaintiff also filed an application under Order 39 Rules 1 and 2 read with Section 151 CPC praying therein for ad-interim injunction.

(3.) Learned Civil Judge, Jogindernagar vide order dated 08.03.2018 allowed the aforesaid application i.e. CMA No.130- IV/2017 and directed the parties to maintain status quo qua nature and possession of the suit land till final disposal of the suit. After five months of passing of aforesaid order dated 08.03.2018, defendants, being aggrieved of aforesaid order, filed application under Order 39 Rule 4 read with Section 151 CPC praying therein for vacation of stay, which also came to be dismissed vide order dated 17.01.2019 (Annexure P-2).