JUDGMENT :

Bipin Chander Negi, J.

1. Present petition has been filed against the impugned order dated 27.03.2024, passed in Civil Misc. Appeal No. 2-D/XIV/2024, by the Additional District Judge-I, Kangra at Dharamshala, District Kangra, H.P.

2. Heard counsel for the parties, perused the pleadings and the impugned order appended along with the present petition.

3. The present petitioner is plaintiff before the trial Court. The suit land is admitted to be joint inter se the parties. The same has not been partitioned. The claim of the petitioner/plaintiff before the trial Court is that respondent/defendant with a view to grab the most valuable portion of the land is in hell-bent to uproot the ancestral house, cut the trees standing thereupon and to raise construction thereupon.

4. As per the respondent/defendant, vide Will dated 18.04.1992, one Shridhar, the predecessor-in-interest of the parties had willed an old abadi/house along with cow shed in favour of the respondent/defendant and similarly Shridhar had willed land in favour of the plaintiff and his brother, whereupon they had constructed their house. Mutation No.48 qua Will dated 18.04.1992 was sanctioned on 18.11.1992. The said mut