ORDER :

Instant petition filed under Article 227 of the Constitution of India, lays challenge to judgment dated 4.5.2022, passed by the learned District Judge Shimla, HP, in CMA No. 11-S/14 of 2022 (CNR No. HPSH100023452022, reversing the order dated 12.4.2022, passed by the learned Civil Judge-3, Shimla, District Shimla, H.P., in CMA Filing No. 391/2022 (CNR No. HPSH 120003942022; Registration No. 215/2022) in CS No. 30 of 2022, whereby learned trial court dismissed the application filed by the respondent-plaintiff (hereinafter referred to as “the plaintiff”) for grant of temporary injunction, restraining the petitioner-defendant (hereinafter referred to as “the defendant”), from causing interference in any manner by way of raising construction, digging and excavating the suit land.

2. Precisely, the facts of the case as emerge from the record are that plaintiff filed a suit for permanent prohibitory injunction as well as mandatory injunction against the defendant, claiming himself to be owner of the suit land. Plaintiff also prayed for permanent prohibitory injunction restraining the defendant from raising any kind of construction, digging, encroaching upon the suit land bearing kh