JUDGMENT :

(Satyen Vaidya, J.)

Heard.

2. The petitioner is aggrieved against the order dated 2.3.2024, passed by the learned District Judge, Hamirpur in CMA No. 44 of 2023, whereby the order dated 21.8.2023, passed by the learned Civil Judge, Court No.2, Hamirpur in CMA No. 309 of 2023 in Civil Suit No. 115 of 2023, has been affirmed.

3. Petitioner/plaintiff has filed Civil Suit No. 115 of 2023 on the files of learned Civil Judge, Court No.2, Hamirpur. She has prayed for a decree of permanent prohibitory injunction against the defendant to the effect that the defendant and his family members, agents, servants or assignees be restrained from digging the suit land for raising construction in any manner and to change the nature of the suit land, covering best portion of the suit land more than his due share.

4. The suit land has been described as land comprised in Khata No. 148, Khatauni No. 156, Khasra No. 177-178, Kite-2, total measuring 00-40-18 hectares, situated in Mohal Lahar, Tehsil and District Hamirpur.

5. Along with the plaint, the plaintiff also filed an application under Order 39 Rules 1 and 2 of the CPC, seeking interim injunction against the defendant in the aforesaid terms.

6.