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2024 Supreme(Online)(HP) 5044

HIGH COURT OF HIMACHAL PRADESH
Virender Singh, J
SHANTA DEVI – Appellant
Versus
TILAK RAJ AND ANOTHER – Respondent


Petitioner Advocates:Sanjay Jaswal ,Respondent Advocate:

ORDER

“By way of instant application filed under Order 41 rule 5 and Order 39 Rule 1 & 2, read with Section 151 CPC, prayer has been made on behalf of the applicant for staying the execution and operation of the impugned judgment and decree dated 15.01.2019, passed by learned Additional District Judge-I, Kangra at Dharamshala, in Civil Appeal No.31-D/XIII/2018 and restraining the non-applicants/respondents from interfering in the suit land, in any manner. Since, despite sufficient opportunities, no reply has been filed to the aforesaid application, judgment as detailed hereinabove, passed by learned Additional District Judge-I, Kangra at Dharamshala, is stayed and during the pendency of appeal, parties are directed to maintain status quo qua nature and possession of the suit property. Alteration/Vacation/Modification on motion. Application stands disposed of.”

5. It is the further case of the applicant that the subject matter of the lis is joint between the parties, alongwith co-sharers, whereas, non-applicant No. 1 is adamant in nature and has no respect for law. He has raised construction of new house, cow shed and bathroom, over the land comprising khasra Nos. 805 and 803, in whic

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