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2021 Supreme(HP) 904

JYOTSNA REWAL DUA
Ajay Kumar – Appellant
Versus
Ishwar Dutt, S/o. Late Sh. Bhimi Ram – Respondent


Advocates Appeared:
For the Petitioner:Sh. G.D. Verma, Senior Advocate with Sh. B.C. Verma.
For the Respondent: Sh. Balwant Singh Thakur.

ORDER :

An application moved by the plaintiff under Order 39 Rule 1 and 2 of the Code of Civil Procedure (CPC), seeking temporary injunction against the defendants, has been concurrently allowed by the learned Courts below. Feeling aggrieved, the defendants have assailed these orders by means of the present petition filed under Article 227 of the Constitution of India.

The parties are hereinafter referred to as they were before the learned Trial Court.

2. Facts:-

2(i). Plaintiff filed a civil suit under Section 38 of the Specific Relief Act for permanent prohibitory and perpetual injunction to restrain the defendants from causing any interference, damage, cutting and changing the nature of the suit land etc. The case as set up in the plaint was that the plaintiff, defendants and others are co-owners in possession of the suit land comprised in Khata/Khatauni Nos.16/32, 33, 34, 35, 36, 37, 38, 39 and 40, bearing Khasra Nos.213/202/5 Min, 212/202/5 Min, Kitas 16 measuring 176-09 bighas, situated at Village Shadyal, Tehsil Kandaghat, District Solan. In support of the averments, Jamabandi for the year 2009-10 was appended. The projected grievance of the plaintiff was that the defendants wer

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