2025:HHC:19834 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No.81/2025 Date of Decision: 25th June, 2025. Sarla Thakur & Anr. .....Petitioners Versus Sunita Thakur …..Respondent Coram The Hon’ble Mr. Justice Bipin Chander Negi, Judge. Whether approved for reporting?1 For the Petitioners: Mr. G.R. Palsra, Advocate. For the Respondent: Mr. Devender K. Sharma, Advocate. Bipin Chander Negi, Judge (oral). By way of the present petition, a challenge has been laid to the impugned judgment dated 03.01.2024, passed by the learned District Judge, Mandi, HP, in Civil Mis. Appeal No.34/24, confirming the order dated 29.08.2024, passed by the learned Senior Civil Judge, Court No.1, Mandi, HP in CMA No.147-VI/24, on an application preferred under Order 39 Rule 1 and 2 CPC, filed by the present respondent. 2. Heard counsel for the parties and perused the impugned judgments. 1 Whether reporters of Local Papers may be allowed to see the judgment? YES 2 2025:HHC:19834 3. The present petitioners were the defendants before the learned trial Court and the respondent was the plaintiff before the learned trial Court. 4. As per the plaint, the suit land is comprised in Khata Khatauni No.64/119, Khasra No.3002/2698, 3003/2698, 3010/2699, 3011/2699, 3013/2700, 3014/2700, Kitas-6, measuring 2847.52 Sq. meters, as per jamabandi for the year 2015-16, situated in Tarna/366/5, Tehsil Sadar, District Mandi, HP. The suit land is jointly owned and possessed by one Smt. Bimla Dewan and other co-sharers. The other co- sharers are none-else, but purchasers from Smt. Bimla Dewan. Smt. Bimla Dewan has died and she succeeded by Vikram Dewan, Smt. Pooja and Smt. Dolly Dewan, to the extent of half share and remaining half share succeeded by Sh. Inder Mohan Dewan. 5. The afore-stated legal heirs of late Smt. Bimla Dewan, submitted a site/location plan to the Municipal Corporation, Mandi, District Mandi, HP, for approval and sub division of the above said land, in order to sell the land, after making plots. The said application for 3 2025:HHC:19834 sub division of the suit land has been approved by the Municipal Corporation, Mandi, HP, and thereafter, the plots have been sold. 6. Admittedly, in the case at hand, plot No.31, has been purchased by the respondent and plot No.30, has been purchased by the present petitioners. The plots sold have been appropriately depicted in a tatima appended along with the sale deeds. However, in the revenue record, the land is shown to be unpartitioned. 7. In the aforesaid facts and attending circumstances, both the Courts below have directed to maintain status quo qua the nature, possession and construction over the suit land, comprised in Khata Khatauni No.64/119, Khasra No.3002/2698, 3003/2698, 3010/2699, 3011/2699, 3013/2700, 3014/2700, Kitas-6, measuring 2847.52 Sq. meters, as per jamabandi for the year 2015-16, situated in Tarna/366/5, Tehsil Sadar, District Mandi, HP, till the disposal of the suit. 7. Since separate plots, post sub division of the suit land have been sold, which are duly depicted by 4 2025:HHC:19834 appropriate tatimas, in view thereof, impugned judgment dated 03.01.2024, passed by the learned District Judge, Mandi, HP, in Civil Mis. Appeal No.34/24, confirming the order dated 29.08.2024, passed by the learned Senior Civil Judge, Court No.1, Mandi, HP in CMA No.147-VI/24, are modified to the extent that the present petitioners are restrained from raising any construction over the plot No.31, owned and possessed by the present respondent. However, it is made clear that with respect to plot No.30, the present petitioners are free to raising construction, during the pendency of the suit. 10. Accordingly, present petition is disposed of, so also the pending application(s), if any. (Bipin Chander Negi) Judge 25th June, 2025 (Gaurav Rawat)