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2014 Supreme(HP) 690

TARLOK SINGH CHAUHAN
Prabhu Nath – Appellant
Versus
Sushma – Respondent


Advocates Appeared:
For the petitioners:Mr. R.L. Chaudhary, Advocate.

Judgment

Tarlok Singh Chauhan, J.

The petitioners, by way of present petition, under article 227 of the Constitution of India, have prayed for the following relief:-That the impugned order dated 28.2.2012 passed by the learned Civil Judge, Senior Division, Court No. 2, Mandi, H.P. in CMA No. 13-VI/2012 (Annexure P-4) as well as order dated 2.1.2014 passed by the learned Additional District Judge (II), Mandi, H.P. in Civil Misc. Appeal No. 10 of 2012 (Annexure P-5), may very kindly be quashed and set-aside in view of the fact that the respondent on 18.9.1996 sold the land to the petitioners and handed-over the ownership and possession by executing a registered sale deed and spot map and now after lapse of 16 years, the respondent has obtained the interim injunction without filing any proceeding for partition on the ground that the suit land is in joint ownership and possession of the respondent as well as petitioners, whereas the petitioners are in exclusive possession from 18.9.1996 of the purchased land and they have raised construction only on half share of the purchased land.

2. The petitioners are the defendants. The plaintiff-respondent filed a suit for permanent prohibitory inju









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