MEGH RAJ Vs. LAXMI DUTT AND ORS.

JUDGEMENT

(1.) THE present revision petition has been filed under Article 227 of the Constitution of India for setting aside the impugned order dated 8.9.2009 (Annexure P -1) passed by learned Civil Judge (Junior Division), Kaithal and judgment dated 18.12.2009 (Annexure P -2) passed by learned Additional District Judge, Kaithal, vide which the application filed by the Respondents -Plaintiff under Order 39 Rules 1 and 2 of the Code of Civil Procedure (for brevity 'the Code') restraining the Petitioner -Defendant from dispossessing them from the land in dispute except in due course of law during pendency of the suit, was allowed.

(2.) I have heard learned Counsel for the parties and have gone through the whole record carefully including the impugned orders passed by learned courts below.

(3.) SUIT as well as the application was contested by the Petitioner -Defendant on the ground that he is in possession of the land in dispute and he has also constructed a house consisting two rooms over the same and he is residing there, whereas, Respondents -Plaintiffs are not residing in the village and they are having no concern with the property in dispute.