GURMAIL SINGH Vs. BALJIT KAUR

JUDGEMENT

(1.) CONCISELY , the facts & material, which require to be noticed for the limited purpose of deciding the core controversy, involved in the instant petition and emanating from the record are that, initially respondent -plaintiff Baljit Kaur wife of Manmohan Singh(for brevity "the plaintiff') has instituted the civil suit for a decree of permanent injunction, restraining petitioners -defendants Gurmail Singh and Baldev Singh sons of Sadhu Singh(for short "the defendants") from causing any sort of obstruction in her peaceful enjoyment over the street, in question. She has also filed an application for ad interim injunction under Order 39 Rules 1 & 2 read with Section 151 CPC. The defendants contested the suit, filed the written statement, stoutly denied all the allegations contained in the plaint and prayed for dismissal of the suit. The trial Court dismissed the injunction application of the plaintiff, by way of impugned order dated 29.02.2012 (Annexure P -2).

(2.) AGGRIEVED thereby, the appeal filed by the plaintiff was accepted and the Appellate Court restrained the defendants from making any sort of encroachment over the street, in question, which is likely to cause obstruction in using the small gate of the plaintiff, by virtue of impugned judgment dated October 17, 2012 (Annexure P -1).

(3.) AFTER hearing the learned counsel for the parties, going through the record with their valuable assistance and after considering the entire matter deeply, to my mind, there is no merit in the instant petition in this context.