JUDGMENT :

Satyen Vaidya, J.

Aggrieved against order dated 02.07.2022 passed by learned Senior Civil Judge, Court No.1, Shimla in CMA No. 1349 of 2022 in Civil Suit No. 86 of 2021, petitioner has approached this Court with a prayer to set-aside the impugned order.

2. Brief facts necessary for adjudication of the petition are that Civil Suit No. 86 of 2021, titled Leela Devi vs. Veer Singh and another, is pending disposal before learned Senior Civil Judge, Court No.1, Shimla. Petitioner herein is the defendant and respondent herein is the plaintiff in above noted suit.

3. The suit of the plaintiff is for grant of decree for permanent prohibitory injunction restraining the defendant from interfering and encroaching upon her land specifically by raising construction of retaining wall thereon. The land in respect of which relief has been claimed is comprised in Khata Khatauni No.113/193, Khasra Nos. 1553/1267,1555/1268, 1275 and 1557/1276, total measuring 188-38 hectares, situated at Mohal Panjari, Patwar Circle, Tutikandi, Tehsil and District, Shimla, H.P.

4. Alongwith the suit, the plaintiff also prayed for interim injunction by seeking relief in the aforesaid terms.

5. The defendant has c