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2022 Supreme(HP) 422

SANDEEP SHARMA
Tara Vati, Daughter Of Late Sh. Dina Nath Thakur – Appellant
Versus
Uco Bank, Branch At Nigam Vihar, Shimla-2, HP Through Its Chief Manager – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Deepak Bhasin, Advocate
For the Respondent:Mr. Jitender Pal Ranote, Advocate

ORDER :

Instant civil revision petition filed under Section 115 of the CPC, lays challenge to order dated 31.12.2021, passed by the learned Additional District Judge-1, Shimla, HP, in CMA No. 14 of 2021, reversing/setting aside order dated 13.12.2019, passed by the learned Civil Judge (Jr. Div.), Court No.4, Shimla, District Shimla, HP in CMA No. 1414 of 2019 in CS No. 131 of 2019, whereby the court below while allowing application under Order 39 Rules 1 and 2 CPC, having been filed by the plaintiff-petitioner, restrained the defendant-respondent-bank from seizing/taking the possession of the vehicle bearing registration No. HP63A-7036 from the plaintiff-petitioner, who is in lawful possession of the same till the case is decided on merits.

2. Precisely, the facts of the case as emerge from the record are that the plaintiff-petitioner filed suit for Permanent Perpetual Prohibitory Injunction, restraining the defendant from seizing/dispossessing/taking possession of the vehicle bearing registration No. HP-63-A-7036 from her and from anyone in lawful possession with a decree for mandatory injunction directing the defendant to close the vehicle loan account No.09810610008065 and thereaf

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