SANDEEP SHARMA
Shiv Ram – Appellant
Versus
Pola Ram – Respondent
JUDGMENT :
SANDEEP SHARMA, J.
1. Instant petition filed under Article 227 of the Constitution of India, lays challenge to order dated 25.4.2022 passed by learned Additional District Judge, Nalagarh in Civil Misc. Appeal No. 19-NL/14 of 2022, affirming order dated 7.4.2022 passed by learned Senior Civil Judge, Nalagarh, District Solan, Himachal Pradesh in Misc. Civil Application No. 186/6 of 21 in Civil Suit No. 235/1 of 21, whereby an application filed under Order XXXIX, rules 1 and 2 read with S.151 CPC, filed by the respondent/plaintiff (hereinafter, ‘plaintiff’) praying for injunction against the petitioners/defendants (hereinafter, ‘defendants’) came to be allowed.
2. Precisely, the facts of the case, as emerge from the record, are that the plaintiff filed a suit for permanent prohibitory injunction (Annexure P-1) against the defendants, claiming therein himself to be owner and co-sharer in possession in the suit land, as per respective shares, as mentioned in enclosed copy of Jamabandi. In nutshell, the plaintiff claimed that suit land measuring 33-08-00 Bigha bearing Khasra Nos. 207, 216, 217, 289, 303, 304, 319,320, 321, 324, 325, 402 and 403, Kita 13 situate in Village Malkuma
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