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1993 Supreme(HP) 142

KAMLESH SHARMA
DALIP SINGH – Appellant
Versus
GEETA RAM – Respondent


Advocates Appeared:
For the petitioner:Kashmiri Lal, Advocate. For the respondents:Bhupender Gupta, Advocate.

JUDGMENT

Kamlesh Sharma, J—The petitioners are defendants in Civil Suit No. 204-A/l of 1992 presently pending in the Court of Sub-Judge 1st Class, Arki camp at Nalagarh, filed by the respondents-plaintiffs. Respondent-defendant, State of Himachal Pradesh, is also a party defendant No 5 in the suit. The suit of the respondents-plaintiffs is for permanent prohibitory injunction restraining the petitioners-defendants from causing any obstruction/blockade, and changing the nature of the suit property, as detailed in the Jamabandis for the year 1985-86 placed on record as Annexures-A and B and also for mandatory injunction to remove such obstruction, if caused, during the pendency of the suit.

2. Alongwith the plaint, an application under Order XXXIX, Rules 1 and 2, C. P. C. was also filed by the respondents-plaintiffs on which the following ad interim order was passed on 24th April, 1992 : "Accordingly, I hereby restrain the respondents Nos. 1 to 4 from causing obstruction/blockade and further from changing the nature of the suit property measuring 10 Biswas bearing Khasra No. 393/2/1 (0-3b) and 393/2/2 (0-7b), out of land measuring 65 bighas 5 biswas bearing Khasra No. 393/2/min, as co











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