Extracted from the PDF above. The PDF is authoritative.
2026:HHC:32755 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No. :
635 of 2025 Decided on : 04.08.2026 Rup Lal …Petitioner Versus Lobhi & Another …Respondents Coram The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 For the petitioner : Mr. Naresh Sharma, Advocate. For the respondents : Mr. Neel Kamal Sharma & Ms. Shailja Thakur, Advocate. Virender Singh, Judge (Oral) PetitionerRup Lal, who has filed the Civil Suit for Permanent Prohibitory Injunction, against the respondents, is before this Court, against the order dated 01.08.2025, passed by learned Additional District Judge, Ghumarwin, District Bilaspur (hereinafter referred to as the ‘First Appellate Court’), in Civil Misc. Appeal No.06 of 2025, titled as ‘Rup Lal versus Lobhi & Another’.
2. Vide order dated 01.08.2025, the learned First Appellate Court has dismissed the appeal preferred by the 1 Whether Reporters of local papers may be allowed to see the judgment? Yes.
2 2026:HHC:32755 petitioner (plaintiff), against the order dated 27.02.2025, passed by learned Senior Civil Judge, Ghumarwin, District Bilaspur (hereinafter referred to as ‘the trial Court’), in CMA No.499/06 of 2024, titled as ‘Rup Lal versus Lobhi & Another’.
3. Vide order dated 27.02.2025, application, under
Order 39 Rules 1 and 2 of the Code of Civil Procedure (hereinafter referred to as ‘the CPC’), filed by the petitioner, has been allowed, by directing both the parties to maintain status quo, qua nature, possession, alienation over the suit land, except over the land, over which, respondent No.1, is allowed to raise construction of his new house, during the pendency of the main suit.
4. Admittedly, a prayer has been made in the suit that till partition of the subject matter of the lis, the defendants be restrained from changing the nature of the suit land and that they be also restrained from occupying the valuable and specific portion of the suit land.
5. The petitioner is before this Court, under Article 227 of the Constitution of India. This Court can interfere with the orders passed by Courts below only in situation, where, the
3 2026:HHC:32755 findings of the learned trial Court, which have been upheld by the learned First Appellate Court, fall within the purview of the term ‘perverse’.
6. In this case, considering the admitted fact that the subject matter of lis is jointly owned by the parties to the lis and the fact that relief has been sought by the plaintiff to restrain the defendants till partition of the suit land, this Court is not inclined to interfere with the orders, so passed.
7. Consequently, the present petition is disposed of, by holding that whatsoever, construction will be raised, by the parties to the lis, that would be subject to the final decision of the Civil Suit, pending between the parties, as well as, the partition proceedings. Pending application(s), if any, shall also stand
disposed of. Record be sent back immediately.
( Virender Singh ) August 04, 2026( ps ) Judge