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2022 Supreme(HP) 799

SANDEEP SHARMA
Seema Devi – Appellant
Versus
Anoop Kumar – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Ms. Devyani Sharma, Advocate.
For the Respondent:Mr. Sudhir Thakur, Senior Advocate with Mr. Karun Negi, Advocate

JUDGMENT :

Sandeep Sharma, J.

By way of instant petition filed under Art. 227 of the Constitution of India, challenge has been laid to judgment dated 7.3.2020 passed by learned Additional District Judge, Nalagarh, District Solan, Himachal Pradesh in Civil Misc. Appeal No. 18-NL/14 of 2019 titled Seema Devi v. Anup Kumar, affirming the order dated 20.6.2019 passed by, learned Senior Civil Judge, Nalagarh, District Solan, Himachal Pradesh in CMA No. 60/6 of 2019 in Civil Suit No. 86/1 of 2019, whereby an application filed by respondent No.1/plaintiff (hereinafter, ‘plaintiff’) under Order XXXIX, rules 1 and 2 CPC restraining the petitioner/defendant No.1 (hereinafter, ‘defendant No.1’) from raising construction on the suit land during the pendency of the suit, came to be allowed.

2. For having bird’s eye view of the matter, facts shorn of unnecessary details and relevant for the adjudication of the case at hand are that the plaintiff filed a suit for permanent prohibitory injunction in the court of learned Senior Civil Judge, Nalagarh, averring therein that the land measuring 1-14 Bigha out of total land measuring 8-14 Bigha bearing Khasra Nos. 107 and 108, comprised in Khewat Khatauni

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