M.R. Verma, J.:-This revision petition is directed against the judgment of the District Judge, Chamba dated 7.1.2000 whereby C.M.A No. 15 of 1999 preferred by the respondent-defendant (hereafter referred to as the defendant) against the order dated 13.9.1999 passed by the learned Senior Sub-Judge, Chamba thereby allowing an application of the petitioner-plaintiff (hereafter referred to as the plaintiff) under Order 39, Rule 1 and 2 C.P.C., has been set-aside and on the undertaking given by the defendant, he has been allowed to raise construction over the suit land.

2. Brief facts leading to the presentation of the petition are that the plaintiff had instituted a suit for permanent injunction restraining the defendant from raising any construction and for mandatory injunction to remove the Malwa or any other construction raised during die pendency of the suit over the land comprising Khasra No. 12067271, measuring 10 Bighas and 8 Biswas Khata Khatauni No. 374/425, situate in Mohal Sultanpur, Pargana Sach, Tehsil and District Chamba (hereafter referred to as the suit land). The case of the plaintiff as made out in the plaint is that the suit land is joint and undivided and the