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2022 Supreme(HP) 782

SANDEEP SHARMA
Satya Devi – Appellant
Versus
Rottam Lal – Respondent


Advocates Appeared:
For the Petitioner: Mr. Romesh Verma.
For the Respondent: Mr. Lalit K. Sharma.

JUDGMENT :

(Sandeep Sharma, J.)

1. Instant petition filed under Art. 227 of the Constitution of India lays challenge to judgment dated 11.3.2022 passed by learned Additional District Judge (CBI Court) Shimla, Himachal Pradesh camp at Rohru in Civil Misc. Appeal No. 11-R/14 of 2020, affirming order dated 22.8.2020 passed by Civil Judge, Court No. II, Rohru, District Shimla, Himachal Pradesh in CMA No. 65-06 of 2020 in Civil Suit No. 38 of 2020, titled Rottam Lal v. Satya Devi, whereby learned trial Court, while allowing an application filed under Order XXXIX, rule 1 and 2 by respondent/plaintiff (hereinafter, ‘plaintiff’), directed the parties to maintain status quo as on that date qua nature, possession and construction over suit land.

2. Precisely, the facts of the case, as emerge from the record, are that the plaintiff filed a civil suit against the petitioner-defendant (hereinafter, ‘defendant’) (Annexure P-1), for permanent prohibitory injunction with regard to land bearing Khasra Nos. 658, 660 and 1665/659 comprised in Khewat Khatauni No. 195/379 to 389 situate in revenue Chak Sunda-Bhonda, Tehsil Chirgaon, District Shimla, averring therein that the parties are co-owners of sui

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