JUDGMENT :

Satyen Vaidya, J.

By way of instant petition, the petitioner has challenged order dated 26.04.2022 passed by the learned Additional District Judge (CBI Court) Shimla, in Civil Misc. Appeal No.3-R/14 of 2021 whereby the order dated 21.10.2021 passed by learned Civil Judge, Court No.2, Rohru, in Civil Misc. Application 99-6 of 2021 (in Civil Suit No. 191 of 2021) has been affirmed.

2. Parties hereafter shall be referred by the same status which they hold before the learned trial Court. Petitioner is the defendant and respondent is the plaintiff before the learned trial Court.

3. Plaintiff has filed Civil Suit No. 191 of 2021 before the learned trial Court seeking relief of permanent prohibitory injunction against the defendant to the effect that he be restrained from raising any type of construction or changing the nature of the land bearing Khata Khatauni No. 6/18, Khasra Nos. 1429 and 1430, measuring 00-20-79 hectare situated in revenue Village Chirgaon, Tehsil Chirgaon, District Himachal H.P. (hereinafter referred to as the “suit land”), till the partition of the suit land was effected in accordance with law.

4. The plaintiff has filed the above noted suit on the premise tha