IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No.92 of 2010 Date of decision : August 4, 2010 Gagan Singh and others …Petitioners. Versus State of H.P. and others …Respondents. Coram The Hon’ble Mr. Justice Surjit Singh, Judge. Whether approved for reporting?1 For the Petitioners : Mr. N.K. Thakur, Advocate. For the Respondents : Mr. Ramesh Thakur, Assistant Advocate General, for the State. Surjit Singh, J (Oral) Heard. 2. Petitioners have filed a suit, seeking declaration that they are owners in possession of suit land. They have also sought a decree of permanent prohibitory injunction, restraining the defendants-respondents from interfering in their possession over the suit land or changing its nature, by raising any construction thereon. They also filed an application for grant of temporary injunction, which has been dismissed by the trial Court and the appeal filed against the order of the trial Court also stands dismissed by the learned District Judge. 3. Admittedly, the plaintiffs-petitioners are recorded as owners of the suit land, in the revenue papers. Whether reporters of the local papers may be allowed to see the judgment? …2… Possession is recorded to be with the respondents. Respondents intend to raise building of school/hostel on the suit land. Since the plaintiffs-petitioners are recorded as owners of the suit land, defendants-respondents cannot be permitted to change its nature, pending disposal of the suit, simply for the reason that they are recorded in possession or they happen to be in possession of the suit land. 4. In view of the abovestated position, present petition is allowed. Impugned orders of the trial Court and the first Appellate Court are set aside and application for temporary injunction moved in the trial Court is partly allowed, in the terms that defendants-respondents shall not change the nature of the suit land, by raising any construction or otherwise, pending disposal of the suit or till the ownership rights of the plaintiffs-petitioners are acquired by the defendants-respondents, in accordance with law. Pending application(s), if any also stand disposed of, having become infructuous. Parties are directed to appear before the trial Court on 24th August, 2010. August 4, 2010(sd) ( Surjit Singh ), J