KEWAL SINGH Vs. RAJU RAM

JUDGEMENT

(1.) By way of this petition, filed under Article 227 of the Constitution of India, the petitioner has challenged order dated 3.8.2018, passed by the Court of learned Civil Judge, Rajgarh, District Sirmaur, H.P. in Civil Miscellaneous Application No.147 of 2018, titled as Raju Ram Versus Kewal Singh and Civil Miscellaneous Application No.168 of 2018 titled as Kewal Singh Versus Raju Ram, as also judgment dated 27.10.2018, passed by the Court of learned Additional District Judge, Sirmaur, District at Nahan, District Sirmaur, H.P. in Civil Miscellaneous Appeal Nos.21-N/14 of 2018, titled as Kewal Singh Versus Raju Ram and Civil Miscellaneous Appeal No.22-N/14 of 2018 titled as Kewal Singh Versus Raju Ram.

(2.) Brief facts necessary for the adjudication of present petition are that a Civil Suit has been filed by the respondent/plaintiff Raju Ram (hereinafter to be referred as the "plaintiff) in the Court of learned Civil Judge, Rajgarh, District Sirmaur, H.P. i.e. Civil Suit No.153/1 of 2017 for permanent prohibitory injunction for restraining the defendant (present petitioner) from raising construction and causing any interference over the suit land comprised in khasra No.552/1 and 555/3, kita-2, measuring 336.55 square metres, situated in revenue village Rajgarh 1st, Tehsil Rajgarh, District Sirmaur, H.P., either by himself or through his agents, servants etc.

(3.) Alongwith the suit, an application under Order 39, Rule 1 and 2 of the Code of Civil Procedure was filed by the plaintiff, praying for an interim injunction against the defendant from raising construction and from changing nature of the land comprised in khasra No.552/1 and 555/3 i.e. the suit land. Petitioner also preferred application under Order 39, Rule 1 and 2 of the Code of Civil Procedure before the learned trial Court.