SUNIL WALI Vs. MAHARAJ KRISHAN RAINA

JUDGEMENT

(1.) THE petitioner filed a suit for permanent prohibitory injunction restraining the respondent from interfering with 10 marlas of land comprising in survey No. 59 -min situated at village Dhomal Patta Bohri. It is averred that the plaintiff has purchased this land from the owner by virtue of sale deed dated 16 -7 -1999. On the other hand, respondent also claims to be in possession of 10 marlas of land situated in Khasra No. 59 -min at village Domal Tehsil and District Jammu. He also claims to have a sale deed executed in his favour in respect of the same land. The sale deed executed in favour of petitioner is dated 16 -7 -1999 whereas the sale deed executed in favour of respondent is dated 11 -8 -2003. Respondent claims to have raised plinth over the suit land and installed a hand pump on it.

(2.) THE trial court vide order dated 28 -1 -2006 after considering the application for temporary injunction, directed the parties to maintain status quo till the disposal of civil suit.

(3.) AN appeal has been preferred against the aforesaid order before the Additional District Judge, Jammu. The appellate court after hearing the parties, vide order dated 10 -3 -2008, declined the prayer of respondent - appellant for vacating the order of status -quo passed by the trial court. The appellate court after hearing the parties, directed that the trial court shall send a person belonging to Revenue Department as Commissioner who would give exact identification of the land purchased by the parties. Accordingly, Tehsildar (Settlement) Gole, Jammu was appointed as Commissioner to look into the fard issued by the department and after conducting on spot verification in presence of both the parties, inform the court of City Judge, Jammu about the same. It is this order of the appellate court, which is the subject matter of challenge in this revision petition.