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1971 Supreme(HP) 1

D.B.LAL
Raj Kumari Suri – Appellant
Versus
Prem Lal Dhiman – Respondent


Advocates:
P.K. Duggal and B.B. Vaid, for Petitioner; R.K. Gupta, for Respondent.

Judgement

ORDER:- This as an application in revision under Section 115 of the Civil Procedure Code and has been directed against an order D/-12-1-1971 of the District Judge, Simla whereby he has modified a certain order of injunction issued at interim stage by the Senior Sub-Judge of Simla. The facts leading to the petition are as

follows.

2. The plaintiff Shrimatl Raj Kumari Suri appeared in Court with the allegations that the defendant Shri Prem Lal Dhiman is constructing a house over a plot of land sold to him by her, but he is also utilising the main passage beyond the point 'AB' leading to her own building and the court premises, shown in her site plan and that the defendant should be prohibited from using this main passage. It was further contended, that the defendant is constructing a wall towards the main passage beyond the point 'AB' and he has opened doors, windows and ventilators in this wall to which he is not entitled. Accordingly the suit was filed for prohibitory injunction of a permanent nature restraining the defendant from utilising the main passage and from opening the doors, windows and ventilators.

3. Upon the application of the plaintiff on 3-11-1970, the learned











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