IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Bipin Chander Negi, J
Besi Devi and Another – Appellant
Versus
Sohan Lal – Respondent
Present petition has been preferred against the impugned order dated 28.02.2023, passed by the learned C ivil Judge, Manali, District Kullu, HP, whereby an application filed under Order 6 Rule 17 CPC, filed by the present respondent/plaintiff before the learned trial H Court, has been allowed.
2. Heard counsel for the parties, perused the pleadings and the impugned order.
3. Admittedly, in the case at hand, a suit was filed by the present respondent on 28.04.2017. The suit so filed was the simplicitor suit for permanent prohibitory injunction, restraining the present
petitioners/defendants from causing obstruction/unlawful interference on the suit land. The suit land was claimed to be owned and possessed by the present respondent/plaintiff. Relevant jamabandi to this extent had been placed on roecord. Along with the suit so preferred, an applic ation under Order 39 Rule 1 and 2 CPC, wras also filed. Written statement/reply to the application, seeking interim injunction was filed by the present petitioners/defendants. No replication was filed on behalf of the present respondent/plaintiff.
4. In the aforesaid back
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