Romesh Verma, J.

The present petition arises out of judgment dated 07.05.2025, as passed by learned District Judge, Hamirpur, whereby the appeal as preferred by the defendants/respondents filed under Order 43 Rule 1(r) read with Section 151 of CPC was allowed and the order as passed by learned Civil Judge, Court No.3, Hamirpur, dated 3rd February, 2025, was set aside.

2. Brief facts of the case are that the plaintiff/ petitioner filed a suit in the Court of learned Civil Judge, Court No.3, Hamirpur, on 14th August, 2024, for issuance of permanent prohibitory injunction against the defendants/respondents, their agents, servants, assignees and family members from demolishing the old ancestral house consisting of two rooms, kitchen and courtyard, double storeyed thatched with tin sheets and further raising any sort of new construction thereupon which is situated in the land comprising Khata No.232, Khatoni No.325, Khasra No.779, measuring an area 121-75 Sq.mts. Hadbast No.47 situated in Up Mohal Partap Nagar Mouza Bajuri Tehsil and District Hamirpur, H.P. as per jamabandi for the year 2007-2008 forcibly without approval of site plan. It was averred in the plaint that