JUDGMENT :

SANDEEP SHARMA, J.

1. Instant petition filed under Article 227 of the Constitution of India lays challenge to judgment dated 30.11.2022 passed by learned Additional District Judge-I, Kangra at Dharamshala, District Kangra, Himachal Pradesh in Civil Misc. Appeal No. 03-N/XIV/2021, setting aside the order dated 13.7.2021 passed by learned Civil Judge, Nurpur in CMA No. 373/2019 in Civil Suit No. 200/2019 titled Rattan Singh vs. Balwant Singh, whereby learned trial Court, while allowing an application filed under Order XXXIX, rule 1 and 2 CPC by appellant/plaintiff (hereinafter ‘plaintiff’) restrained the respondents/defendants (hereinafter ‘defendants’) from raising any kind of construction and changing the nature of the suit land, as described in the plaint.

2. Precisely, the facts of the case, as emerge from the record, are that the plaintiff filed a civil suit against the defendants (hereinafter, ‘defendant’) (Annexure P-1), for permanent injunction restraining the defendants, their family members, relatives, agents, servants, attorneys, assignees, masons, labourers etc. permanently from raising any kind of construction, changing the nature of the land or doing any act, wh