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2015 Supreme(HP) 847

RAJIV SHARMA
Jagdev Singh – Appellant
Versus
Subhash Chand – Respondent


Advocates:
Advocate Appeared:
For the Petitioners:Mr. Ajay Sharma, Advocate.
For the Respondents:Rajnish K. Lal, Advocate

JUDGMENT :

Rajiv Sharma, J.

This petition is instituted against the order dated 1.5.2015 passed by the Civil Judge (Junior Division), Dehra, District Kangra in CMA No. 187/2015 in Civil Suit No. 75/2012.

2. “Key facts” necessary for the adjudication of this appeal are that petitioners-plaintiffs (herein after referred to as the ‘plaintiffs’ for convenience sake) have filed a suit for permanent prohibitory injunction thereby seeking restraint orders against the respondents-defendants (hereinafter referred to as the defendants” for convenience sake) from changing nature of the suit land in any manner whatsoever and from removing/felling trees from the suit land till the partition and in the alternative mandatory injunction seeking direction to the defendants to restore the original position by demolition of any structure raised. Alongwith the suit, plaintiffs have also moved an application under order 39 rule 1 and 2 of the Code of Civil Procedure for interim injunction.

3. Learned Civil Judge (Junior Division), Dehra vide order dated 9.4.2015 directed the defendants to show cause why the application be not allowed and in the meanwhile the parties were directed to maintain status quo qua































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