R.L.ANAND, J. - (1.) BY this order I dispose of two Civil Revisions No. 1613 and 2041, both of 2000, as both the revisions have arisen from one order dated 29.1.2000, passed by the Court of Addl. Distt. Judge, Gurgaon, who set aside the order dated 21.9.1999, passed by the Court of Civil Judge (Jr. Divn.), Gurgaon, who dismissed the application of the plaintiff-Kesar Devi under Order 39 Rules 1 and 2, CPC.
(2.) THE suit was instituted by Kesar Devi d/o Mool Chand against the Gram Panchayat, Bhora Kalan, Executive Engineer, Haryana Vidyut Parsaran Nigam, Mahrauli Road, Gurgaon and S.D.O., Sub Division, Bhora Kalan, and others and she claimed that she is in joint possession of the land in dispute with the respondents 1 to 7. The suit was contested by the Gram Panchayat as well as the Executive Engineer and their joint stand is that Kesar Devi has no right, title or interest in the suit land. The land belongs to the Gram Panchayat which has been validly given to the Board in order to install a 66 KVA Sub Station. The learned trial Court dismissed the application of the plaintiff-Kesar Devi under Order 39 Rules 1 and 2, CPC, by holding that she has failed to prove prima facie her right with regard to the said property. Aggrieved by the order dated 21.9.1999, Kesar Devi filed an appeal in the Court of the Addl. Distt. Judge, Gurgaon, who vide the impugned order dated 29.1.2000 allowed the appeal, reversed the order of the trial Court and defendants 1 to 3 were restrained from constructing power house or raise any sort of construction over the suit land and also from dispossessing the plaintiff therefrom in any manner, except in due course of law.
(3.) IN this manner, the Gram Panchayat and the Executive Engineer have filed the present revisions.;