____________________________________________________ vs Shankar Dutt
2021 Latest Caselaw 3219 HP

IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA

CMPMO No. 352 of 2020

.

Date of decision: 24.07.2021

____________________________________________________ Yuv Raj .....Petitioner

Versus

Shankar Dutt .....Respondent ____________________________________________________ Coram:

The Hon'ble Mr. Justice Ravi Malimath, Acting Chief Justice Whether approved for reporting?1 ____________________________________________________ For the petitioner r : Mr. Ashwani Sharma, Senior Advocate with Mr. Ishan Sharma,

Advocate.

For the respondent : Mr. Virender Singh Chauhan, Senior Advocate with Mr. Ajay

Singh Kashyap, Advocate.

(Through Video Conferencing)

Ravi Malimath, Acting Chief Justice (Oral)

Aggrieved by the concurrent findings recorded by

both the Courts below and granting an order of temporary

injunction against the respondent-plaintiff, the petitioner-

defendant has filed this petition.

2. The respondent filed a suit for permanent prohibitory

injunction before the Trial Court. An interlocutory application for

Whether the reporters of Local Papers may be allowed to see the judgment?

injunction was also filed. The same was allowed by the Trial

Court by directing the petitioner-defendant not to cause

.

interference over the suit land by raising construction of roof in

such a manner that snow and rain would fall on the suit land.

Aggrieved by the same, an appeal was filed before the Court of

Additional District Judge, Kullu. H.P. The appeal was dismissed.

3. Both the Courts below have held against the

petitioner-defendant. The injunction has been granted in order to

ensure that the suit land is not endangered in any manner,

whatsoever. In fact, the injunction order would read that the

defendant is restrained only to the extent that the construction of

the roof should not be made in such a manner that snow and rain

would fall on the suit land.

4. Under these circumstances, I do not find any ground

to interfere in this matter. Hence, it is dismissed.

( Ravi Malimath ) Acting Chief Justice July 24, 2021 (hemlata)