Kuldip Chand Sood, J.—This original side appeal arises out of the orders of learned Single Judge of this Court in OMP No. 268 of 1999 (C.S. No. 48 of 1999) dated June 28, 2000.

2. It appears, plaintiff Loharu Ram, filed a suit for declaration to the effect that he is owner in possession of the land subject matter of dispute, situate at Phati Nathan, Kothi Naggar in Tehsil and District Kullu as per Jamabandi for the year 1990-91 and further that the decree passed in appeal by this Court in RFA No. 355 of 1992 (Keemtu v. Rama and others) on 25.2.1997, is illegal, void, having been obtained by misrepresentation and fraud by Smt. Keemtu and, therefore, not binding on the plaintiff. In the alternative, a prayer is made for the recovery of rupees 3,65,000 on account of the sale price paid by the plaintiff to defendant No. 2 Smt. Kamlesh Kumari as bonafide purchaser of 10 bighas of land in dispute.

3. Alongwith this suit, an application under Order 39 Rules 1 and 2, CPC seeking to restrain the defendants from interfering with the possession of the plaintiff on the suit land or from plucking Plum and apple crop from the land, was filed.

4. The case of the plaintiff is that inspite of