Kuldip Singh, J.-The order dated 7.9.2009 passed by learned Civil Judge (Jr. Division), Kasauli in case No.65/6 of 2009 in main Case No.214/1 of 2006 has been assailed by petitioner/plaintiff under Article 227 of the Constitution of India.

2. The facts in brief are that petitioner had filed a suit for permanent prohibitory injunction restraining the respondent from raising construction on his land in contravention of Town and Country Planning Act and the rules framed thereunder besides regulations framed by Special Area Development Authority (SADA), Solan. It has also been prayed that respondent be restrained from encroaching upon suit land in any manner and from raising construction on any portion of the suit land over which the respondent has already encroached upon and has raised pillars. The petitioner has prayed mandatory injunction to remove all types of structures raised on portion of the suit land, restore status quo ante after demolition of the same. The prayer has also been made to give direction to respondent to demolish structure raised on set back areas and to bring his building in accordance with provisions of Town and Country Planning and Special Area Devel