JUDGMENT :

Satyen Vaidya, J.

By way of instant petition, petitioner has assailed order dated 02.11.2021, passed by learned Civil Judge Arki, District Solan H.P. in C.M.A. No. 289/6 of 2020 in Civil Suit No. 115-1 of 2012.

2. Petitioner and proforma respondents herein are the defendants in Civil Suit No. 115-1/2012 before learned Trial Court. Respondent No.1 herein is the plaintiff and remaining respondents herein are profoma defendants in the above noted suit.

3. Parties here-in-after shall be referred to by the same status as they hold before learned Trial Court.

4. Plaintiff initially filed a suit for permanent prohibitory injunction in respect of land comprised in Khata Khatoni No. 26/86, Khasra No. 777, situate in Village Hatkot, Pargana Kunihar, Tehsil Arki, District Solan, H.P.(for short ‘the suit land’). It was alleged that plaintiff and proforma defendants were owners in possession of the suit land and defendants having no right, title or interest thereunder were strangers. Defendants were trying to interfere in the possession of plaintiff and proforma defendants over the suit land by trying to raise construction. On such premise, a decree for permanent prohibitory injunction wa