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2007 DIGILAW 1166 (PNJ)

Jasvir Singh v. Kuldip Kaur

2007-05-17

PERMOD KOHLI

body2007
JUDGMENT (ORAL) Permod Kohli, J.- This revision petition arises out of order dated 3.4.2007 passed by the Additional District Judge, Moga dismissing the appeal preferred by the present petitioner against an order dated 16.9.2006 passed by the Civil Judge: (Senior Division), Moga, granting interim injunction in the following manner:­ “In view of my above discussion, so far as injunction application, filed on behalf of plaintiff-applicant is disposed of accordingly and both the parties to the suit are directed to maintain status quo regarding alienation of the suit land as fully detailed and described in the head note of plaint till disposal of the main suit. Application under Order 39, Rules 1 and 2, CPC filed by the defendant-counter claimant succeeds and same is hereby allowed and plaintiff is restrained from dispossessing the defendant or interfering in her peaceful possession over the suit land as fully described in the head note of counter claim till dispose of the main suit. However, any observation made in this order will not effect the case on merits.” 2. It has been vehemently argued on behalf of the petitioner that both the courts have erred in granting restraint order against the petitioner so far and the possession of land is concerned. The trial Court has directed the parties to maintain status quo in so far as the alienation of the property is concerned. It further restrained the present petitioner from interfering with the physical possession of the defendant-respondent. This restraint order has been passed on the basis of entries in the khasra girdawaris wherein respondents were shown to be in possession of the entire property including the property claimed by the petitioner by exchange on the strength of an unregistered document. Since prima facie, both the courts have observed the defendant-respondent to be in possession, no interference is warranted in exercise of the revisional jurisdiction. No merit. Dismissed. ————————