MALAK SINGH Vs. IQBAL SINGH

JUDGEMENT

(1.) This revision petition by virtue of Article 227 of the Constitution of India by petitioner Malak Singh and two others against respondent Iqbal Singh seeks to challenge an order dtd. 11/8/2020 (Annexure P5) passed by the Court of learned Additional District Judge, Karnal whereby the appeal filed by the respondent against the order of the trial Court dismissing the application for interim injunction under Order 39 Rule 1 read with Sec. 151 CPC was allowed and the petitioners were restrained from interfering into the possession of the plaintiff (now respondent) in the suit land.

(2.) Upon hearing Mr. Amit Jain, Senior Advocate assisted by Mr. Varun Parkash, Advocate for the petitioners; Mr. Kanwaljit Singh, Senior Advocate assisted by Ms. Shazia K. Singh, Advocate for therespondent and with their invaluable assistance had the opportunity to peruse the records of the case.

(3.) Iqbal Singh respondent and petitioner Malak Singh and others are progenies of Deva Singh who had two sons namely Iqbal Singh (present respondent) and Nishan Singh (now deceased). Malak Singh, Palwinder Singh and Lakhwinder Singh (present petitioners) are the sons of Nishan Singh deceased. It is a dispute of land comprising of 34 Kanals 16 Marias out of the total joint land measuring 121 Kanals 19 Marias. The parties had fallen into litigation whereby a civil suit was filed by Iqbal Singh against Malak Singh and others for permanent injunction. In the said suit, an application under Order 39 Rule 1 and 2 read with Sec. 151 CPC was disposed off and which order was challenged before the learned Additional District Judge in civil misc. appeal by Iqbal Singh and which was disposed off vide judgment and order dtd. 11/2/2020 and which is subject matter of present revision petition.