ORDER :

Learned trial court dismissed plaintiff’s application filed under Order 39 Rule 1 & 2 of the Code of Civil Procedure vide order dated 25.11.2021. This order was not interfered with by the First Appellate Court in its judgment dated 31.12.2021. Aggrieved, plaintiff has invoked the jurisdiction under Article 227 of the constitution of India by means of present petition.

2. Facts in brief:-

2(a) A civil suit for permanent prohibitory as well as mandatory injunction was instituted by the petitioner/plaintiff against the respondent/defendant. The civil suit was in respect of land comprised in Khata No.6 min Khtauni No.6 min Khasra No.60 measuring 5 Kanals 04 Marlas, situated in Mohal Bassi P.O. Bhoranj, Tehsil Bhoranj, District Hamirpur H.P. By relying upon the jamabandi for the year 2007-08, the petitioner/plaintiff pleaded that he was co-owner in possession over the suit land. The land was not partitioned. That the respondent was one of the co-owners and had started to collect construction material intending to raise construction over the best portion of the suit land by grabbing more land than his share. That the respondent was threatening to dispossess the petitioner from the s