IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No. 310 of 2010 Date of decision: 1.9.2010 Devi Saran. …. Petitioner Versus Chet Ram & ors. ….. Respondents Coram: The Hon’ble Mr. Justice Deepak Gupta, J. Whether approved for reporting ? No For the petitioner: Mr.M.S.Thakur, Advocate. For the respondents: None. _____________________________________________ Deepak Gupta, J.(Oral) 1. This petition under Article 227 of the Constitution of India is directed against the order dated 27.4.2010 passed by the learned District Judge, Shimla in Civil Miscellaneous Appeal No.65-S/14 of 2009 whereby he dismissed the appeal filed by the appellant and upheld the order of the Civil Judge (Jr.Division), Court No.2, Shimla for taking action against the respondents under Order 39, Rule 2-A, CPC. 2 2. Briefly stated the facts of the case are that the respondents (hereinafter referred to as the ‘plaintiffs’) filed a suit praying that the present petitioner be restrained from interfering in the possession of the respondents on Khasra No.456. An application for interim relief was also filed and admittedly, on a petition numbering CMPMO No.159 of 2006 filed by the respondents herein under Article 227 of the Constitution of India, this Court ordered as follows:- “I accordingly set aside the impugned order and direct that the parties to the suit shall maintain status quo as existing on date with respect to the nature and possession of the property forming the subject matter of the suit.” 3. The parties were directed to maintain status quo qua the said property which admittedly is Khasra No.456. 4. The petitioner filed the application under Order 39 Rule 2-A, CPC claiming that the respondents had raised construction on the suit land. The stand of the respondents was that it had not raised any construction on the suit land but in fact, had raised construction on Khasra No.920. Both the courts below came to a finding of fact that the petitioner had 3 failed to prove that the respondents had raised construction on Khasra No.456 and not on Khasra No.920. This is a pure finding of fact which cannot be interfered in the proceedings under Article 227 of the Constitution of India. The petition is therefore, dismissed. It is however, made clear that the findings given in the interim application shall not affect the rights of the parties in the main suit/appeal or in any proceedings which may be initiated by the petitioner. No order as to costs. September 1, 2010 ( Deepak Gupta ) (m) Judge