ORDER :

Plaintiff-petitioner has approached this Court against impugned order dated 18.9.2017, passed by learned Additional District Judge (III), Kangra at Dharamshala in Civil Miscellaneous Appeal No. 05-D/XIV/2016, titled as Vikram Kanwar and another Vs. Shyam Sunder, whereby order dated 21.3.2016 passed by learned Civil Judge (Junior Division), Palampur, District Kangra, H.P. in CMA No. 317 of 2015, preferred in Civil Suit No. 336 of 2015, titled Shyam Sinder Vs. Vikram Kanwar and another, directing the parties to maintain status quo, qua nature, possession, construction and alienation, on the suit land, has been set aside and application filed by the plaintiff-petitioner herein under Order 39 Rules 1 and 2 CPC has been dismissed.

2. Petitioner and respondents are plaintiff and defendants respectively, in the main suit before the trial Court, therefore, for convenience hereinafter they shall be referred as ‘plaintiff’ and ‘defendants’ respectively.

3. Plaintiff has filed a suit for decree of permanent prohibitory injunction, restraining the defendants from forcibly constructing illegal floors, i.e. first and second floors above the shop of plaintiff located at Ground Floor and from