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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

CMPMO No.502 of 2024

Decided on: 27.02.2026

Bisheshwar Lal ….Petitioner

Versus

Partap Chand & others f...Respondents

Coram

Hon’ble Mr. Justice Romesh Verma, Judge

Whether approved for reportingt?

For the petitioner: Mr. B.S. Attri and Mr. Ashish Verma,

Advocates.

For the respondents: Mr. Surinder Saklani, Advocate.

Romesh Verma, Judge (Oral)

The present petition arises out of order dated

13.08.2024, as passed by Senior Civil Judge, Palampur,

District Kangra, H.P., whereby the application filed by the

petitioner for grant of police assistance has been ordered to

be dismissed.

2. Brief facts of the case are that the

petitioner/plaintiff filed a suit for permanent prohibitory

injunction against the respondents/defendants on the ground

that the suit land is joint inter se the parties and without

partitioning the same, the respondents/defendants are trying

to encroach and utilize the best valuable portion of the suit

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land and they should be restrained from changing the the

nature of the suit land till the suit land is partitioned. Along

with the suit, the petitioner filed an application under Order

39 Rules 1 and 2 of CPC for grant of ad interim injunction.

3. The respondents/defendants filed written

statement to the plaint and reply to the application under

Order 39 Rules 1 and 2, whereby all the averments and

contentions, as raised buy the plaintiff/petitioner, have been

refuted. Learnedo Senior Civil Judge, Palampur, District

Kangra, videC its order dated 15.07.2024 allowed the

application filed under Order 39 Rules 1 and 2 of CPC and

while concluding, passed the operative order, which reads as

under:

“7. In view of discussion made above, it would

the appropriate and in the interest of justice to direct

the parties to suit to maintain status quo qua nature,

possession and alienation of vacant portion of suit

land and not to obstruct stairs of old house on spot

till suit land is partitioned by metes and bounds or

suit is decided on merits. Accordingly, parties are

directed to maintain status quo qua nature,

possession and alienation of the suit land and not to

obstruct stairs of old house on spot till the suit is

decided on merits of suit land is partitioned by metes

and bounds.”

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4. The petitioner/plaintiff submits that despite

passing of the order in application filed under Order 39 Rules

1 and 2 of CPC, the respondents/defendants are interfering

in the suit land and flouting the Court order, which has been

passed by learned trial Court and for that purpose he had

filed an application before Counsellor, Ward No.14, Municipal

Corporation, Palampur, who on visiting the spot, found that

the construction work isu going on on the spot. He further

submits that in caose order of injunction passed by the

learned Senior Civil Judge dated 15^th July, 2024 is not

implemented through means of police assistance the very

purpose of filing the suit shall be defeated.

5. Mr. Surinder Saklani, learned counsel for the

respondents/defendants, has defended the order dated

13.08.2024, as passed by the learned Senior Civil Judge,

Palampur, whereby the application filed by the petitioner for

grant of police assistance has been dismissed.

6. From the perusal of the order as passed by

learned Senior Civil Judge, Palampur, dated 15.07.2024, it

emanates that the order of injunction is quite confusing and

vague. In the first portion of the said order, learned Senior

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Civil Judge, Palampur has stated that the parties shall

maintain status quo qua the nature, possession and

alienation of the vacant portion of the suit land. In the second

portion the learned trial Court has held that the parties are

directed to maintain status quo qua nature, possession and

alienation of the suit land.

7. It is contented by Mr. Surinder Saklani, learned

counsel for the respondeunts/defendants, that the status quo

is only with re