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2023 Supreme(HP) 609

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
AJAY MOHAN GOEL
Amar Singh – Appellant
Versus
Ruchinder Singh – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Naresh Kumar Tomar, Advocate.
For the Respondent:Mr. Ajay Sharma, Senior Advocate, with Mr. Atharv Sharma, Advocate

JUDGMENT :

Ajay Mohan Goel, J.

1. By way of this petition, the petitioner has assailed order dated 12.04.2022, passed by the Court of learned Civil Judge, Court No.II, Hamirpur, H.P., in CMA No. 465 of 2021, titled as Amar Singh vs. Ruchinder & Anr., in terms whereof, an application filed by the petitioner under Order 39 Rule 1 & 2 read with Section 151 of the CPC in Civil Suit No. 962 of 2021, was dismissed as also judgment dated 06.07.2022, passed by the Court of learned District Judge, Hamirpur, in Civil Miscellaneous Appeal No.14 of 2022, titled as Amar Singh vs. Ruchinder & Anr., in terms whereof, the appeal preferred. by the petitioner against the order passed by the learned Trial Court was dismissed.

2. I have heard learned counsel for the parties and also gone through the impugned orders as well as other documents appended alongwith the pleadings.

3. Petitioner herein is the plaintiff before the learned Trial Court, who huas preferred a suit for permanent prohibitory injunction foor restraining the defendants from raising construction and changing the nature of the suit land. According to the petitioner, the suit land is joint of plaintiff-defendants and other co-sharers and

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