ORDER :

By way of instant petition, order dated 29.12.2021, passed by learned Additional District Judge, Sundernagar, in Civil Misc. Appeal no. 32/2021 has been assailed.

2. The Civil Misc. Appeal decided by learned Additional District Judge, Sundernagar, had arisen from an order dated 25.09.2021, passed by learned Civil Judge, Court No.-II, Sundernagar, in CMA No. 270/2021 in Civil Suit No. 118/2021.

3. The parties hereto shall be referred by the same status as they held before the learned trial Court. Petitioner herein is the plaintiff and respondents herein are the defendants.

4. Plaintiff has filed a suit against the defendants seeking following reliefs:-

“1. Pass a decree for permanent prohibitory injunction by restraining the defendants from digging the suit land, causing any sort of interference or change the nature of suit land by constructing a permanent structure in the shape of house over the suit land describe in para No.1 of the plaint in any manner may kindly be passed in favour of plaintiff and against the defendants.

2. In case the defendants succeed in raising construction or changing the nature of the suit land in any manner during the pendency of the suit then a decree