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2019 Supreme(HP) 151

SANDEEP SHARMA
Thakur Dass – Appellant
Versus
Sunita Rajput – Respondent


Advocates Appeared:
G.R. Palsra, Adv., Susheel Kumar Tiwari, Adv.

JUDGMENT :

Sandeep Sharma, J.

By way of instant petition filed under Article 227 of the Constitution of India, challenge has been laid to judgment dated 31.7.2018, passed by the learned District Judge, Kullu in Civil Misc. Appeal No. 4 of 2018, reversing the order dated 19.4.2018, passed by the learned Senior Civil Judge, Lahaul-Spiti at Kullu, H.P. in CMA No. 223-VI/2017, whereby an application filed under Order 39, Rules 1 and 2 CPC having been filed by the petitioner-plaintiff (herein after referred to as "the plaintiff"), came to be allowed and respondent-defendant (in short "the defendant"), was restrained from causing any interference in the suit land as described herein below.

2. Necessary facts shorn of unnecessary details, are that plaintiff filed a suit for permanent prohibitory injunction, restraining the defendant or her family members, agents , servants etc., from causing unlawful interference in the Verandah of his house/building situate on the land comprising of Khata Khatauni No.537 min/778, bearing khasra No.2101/1817, measuring 00-05-00 bighas (herein after referred to as "the suit land") and from causing any damage thereto, averring therein that he is owner in poss















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