IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
ROMESH VERMA
Deepa Kumari – Appellant
Versus
Narain Dass – Respondent
JUDGMENT :
Romesh Verma, J.
The present petition arises out of the order passed by learned Additional District Judge(1), Mandi, H.P. in CMA No. 16 of 2018, titled Narain Dass & others vs. Deepa Kumari, decided on 29.11.2018, whereby the appeal preferred by the present respondents was allowed and order passed by the learned Civil Judge (Junior Division), Court No.4, Mandi, H.P., was reversed, whereby the learned Trial Court had found the present respondents guilty of committing an offence punishable under Order 39 Rule 2-A of the Code of Civil Procedure (CPC).
2. Briefs facts of the case are that the petitioner had approached the learned Trial Court by filing a suit for possession and permanent injunction, along with an application under Order 39, Rules 1 and 2 CPC for the grant of an interim injunction. The learned Trial Court, vide order dated 06.06.2006, directed the parties to maintain status quo, qua the nature and possession of the suit land comprised in Khewat No. 49 min/46, Khatauni No. 57, bearing khasra No. 414, measuring 00-10-14 bighas situated in Muhal Sakssal/80, Illaqua Tungal, Sub Tehsil Kotli, District Mandi, H.P. till filing of the reply. Subsequently, vide order date
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The need for a prima facie case, balance of convenience, and irreparable loss for granting injunction under Order 39 Rules 1 and 2 of the Code of Civil Procedure.
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