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2026 Supreme(Online)(HP) 1955

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE JIYA LAL BHARDWAJ


petitioner/plaintiff (hereinafter referred as “the petitioner”) filed a suit for Permanent Prohibitory Injunction against respondent No.1 and predecessor-in-interest of respondents No.2 to 7/defendants (hereinafter H referred as “the respondents”). The said suit was registered as Civil Suit No. 46 of 2012, titled, Roop Lal vs. Mohan and another. The learned Civil Judge (Jr. Division), Court No.1, Mandi, H.P., decreed the aforementiotned Civil Suit and the respondents were restrained from changing the nature by way of raising construction over the suit land comprised in Khewat No.282, Khatauni No.353, Khasra No.1097, 1168, Kita-2, measuring 15-14-03 bighas situated in Muhal Mandal, Hadbast No. 202, hTeshil Sadar, District Mandi, H.P., till the suit land is finally partitioned.

3. The petitioner thereafter filed an application under Order XXI Rule 32 of CPC against the respondents, alleging therein that the respondents despite the decree passed by the learned trial Court, had started raising construction over the valuable portion of suit land in sheer violation of the decree passed by the Court. It was further averred that the respondents had filed an application for partition of land

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