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2024 Supreme(HP) 114

SATYEN VAIDYA
Hari Kumar – Appellant
Versus
Amarjit – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Ankush Dass Sood, Sr. Advocate with Mr. Aman Parth Sharma, Advocate.
For the Respondents:Mr. Dibender Ghosh, Advocate

JUDGMENT :

Satyen Vaidya, J.

By way of instant petition, petitioners have assailed the order dated 9.5.2022, passed by the learned District Judge, Kullu, whereby the order dated 1.10.2021, passed by the learned Civil Judge (Senior Division) Lahaul & Spiti at Kullu has been affirmed.

2. The defendants have been restrained from changing the nature and character of the suit land and occupying its best and valuable portion by way of raising construction thereon during the pendency of the suit or till the suit land is legally partitioned, whichever is earlier.

3. Petitioners herein are defendants in a suit filed by respondent No.1 before learned Senior Civil Judge, Lahaul & Spiti at Kullu. The parties hereafter shall be referred to by the same status as they hold before the learned trial Court.

4. Plaintiffs has sought a decree of permanent prohibitory injunction against the defendants in respect of land measuring 03-06-00 bighas, comprised in khata No. 1084, khatoni No. 1368, khasra No. 2206 and land measuring 03-08-00 bighas, comprised in khata No. 1081, khatoni No. 1365, khasra No. 2205, situated in Mohal and Phatti Dhyar, Tehsil and District Kullu. It has been prayed that the defendants

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