JUDGMENT (ORAL)

Sandeep Sharma, J.—Instant petition filed under Art. 227 of the Constitution of India, takes exception to judgment dated 9.10.2020 passed by learned District Judge, Shimla in CMA No. 37/2020 affirming order dated 5.9.2020 passed by learned Civil Judge, Court No. 3, Shimla, District Shimla in CMA No. 303/2020 in Civil Suit No. 47/2020, whereby an application having been filed by the petitioner-plaintiff (hereinafter, ‘plaintiff’) under Order XXXIX, rules 1 and 2 CPC, seeking therein direction to restrain the respondents/defendant (hereinafter, ‘defendants’) from raising any type of construction over land denoted by Khasra No. 176, situate in Mohal Tafera, Post Office Kali Hatti, Hadbast No. 151, Sub Tehsil Dhami, District Shimla, Himachal Pradesh (hereinafter, ‘suit land’) during the pendency of suit, came to be dismissed.

2. For having bird’s eye view of the matter, certain undisputed facts as emerge from the pleadings adduced on record by respective parties are that the plaintiff filed a suit for permanent prohibitory injunction restraining the defendants from raising construction on suit land, as detailed herein above, and for granting mandatory injunction directing