R.L.ANAND, J. - (1.) THIS is a civil revision and has been directed against the order dated 18.3.1999 passed by Addl. District Judge, Jhajjar, who dismissed the appeal of the plaintiff under Order 43 C.P.C. by affirming the order dated 7.1.1999 passed by Civil Judge (Jr. Division), Jhajjar, who dismissed the application of the plaintiff under Order 39 Rules 1 and 2 C.P.C. seeking temporary injunction during the pendency of suit.
(2.) THE pleadings of the parties can be summarised in the following manner :- The plaintiff filed a suit for permanent injunction that defendant Gram Panchayat, Dawla be retrained from interfering in the possession of the plaintiff over the suit property marked with the letters IJKL as he is the owner of the site in dispute. The site is his ancestral property and he has raised construction on it. The site is being used for tethering cattle since the time of his forefathers and the plaintiff is also using the same for placing cowdung cakes etc. The defendant Gram Panchayat has no right, title or interest in the said site. On the eastern side of the site in dispute there is Plot No. 119, which, in fact, belongs to the Gram Panchayat. The Gram Panchayat has started the construction of school on plot No. 119, but it wants to encroach the site in dispute which is the ownership of the plaintiff. Hence, the suit was filed. Along with the suit the plaintiff filed an application under Order 39 Rules 1 and 2 C.P.C. vide which it was prayed that the defendant be restrained from interfering in his possession over the suit property during the pendency of the suit. The suit as well as the application was contested by the defendant and it was stated that the site in dispute belongs to the Gram Panchayat, that Civil Court has no jurisdiction to entertain and try the suit and that the suit is not legally maintainable.
(3.) THE parties placed documents before the trial Court and after careful consideration of the matter, the learned Civil Judge (Junior Division), Jhajjar vide order dated 7.1.1999 dismissed the application under Order 39 Rules 1 and 2 C.P.C.;