JUDGMENT

Vivek Singh Thakur, J. - Petitioner herein is plaintiff in the suit filed by him against the defendants-respondents, with prayer for permanent prohibitory injunction, restraining defendant No.1 Dropti from encroaching upon valuable portion and dispossessing the plaintiff, by raising construction of hotel over the suit land comprised in Khasra No.1525, 1526 & 1527, situated in Mohal, Phati and Kothi Jagatsukh, Tehsil Manali, District Kullu, Himachal Pradesh, owned jointly by plaintiff, defendant No.1 and others, till partition of the suit land, with alternative prayer for mandatory injunction, in case defendant No.1 succeeds in raising construction of hotel during pendency of suit, to demolish the construction and putting the suit land in its original position at the cost and expenses of defendant No.1. In addition, prayer has also been made to restrain defendants No.2 and 3 from issuing NOC to defendant No.1 on the basis of illegal Mauka Tatima, submitted by defendant No.1, till partition of the suit land.

2. Basis for filing suit, as averred in the plaint, is that plaintiff and defendant No.1 Dropti are joint owners in possession of the suit land, referred supra, alongwith