JUDGEMENT
SURESHWAR THAKUR,J. -
(1.) During the pendency of the plaintiff's suit for permanent prohibitory injunction for restraining the defendants from begetting any change in the nature of the suit khasra numbers delineated in the plaint, she instituted an application cast under the provisions of Order 39, Rules 1 and 2, CPC, seeking therein relief(s) qua till the disposal of the apposite suit, the defendants being restrained from changing the nature and possession of the suit khasra numbers. Upon the aforesaid application, the trial Judge recorded an order, whereby, the parties to the lis were directed, to, till the apposite suit receives adjudication hence maintain status quo qua nature and possession of the suit khasra numbers.
(2.) The defendants being aggrieved therefrom instituted an Appeal before the learned learned Additional District Judge-II, Solan, the latter proceeded to dismiss the Appeal of the defendants, in sequel, whereto, the defendants/Petitioners are aggrieved, hence, concert to beget reversal thereof, by instituting the instant Petition before this Court.
(3.) Uncontrovertedly, the suit property is entered in the relevant records as "abadideh". The parlance borne by coinage "abadideh", is, of its being the occupied site of village, whereon exist the houses of villagers, who, in the mohal concerned, whereat lands evidently reflected in the revenue records as "abadideh", hence, hold shares therein in proportion to their recorded land holdings in the apposite mohal, also hold concomitant compatible rights to raise their respective abodes thereon. With this Court ascribing the aforesaid connotation, to the coinage "abadideh" besides its also proceeding to make conclusions in respect of apposite entitlement(s) of the recorded co-khatedars in the mohal concerned, whereat, abadideh lands are located, to hence raise their abodes thereon, it is of crucial importance, to, dwell upon the factum of each of the parties to the lis in consonance therewith also holding a right of user of suit khasra numbers, numbers whereof stand uncontrovertedly borne in the revenue records as "abadideh", right(s) whereof would ensue vis-a-vis each of the contesting parties, only, on surfacing of prima facie evidence in respect of each of the litigant(s), possessing, shares therein on account of theirs holding lands in the mohal whereat the suit khasra numbers occur.;
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