LAKHWINDER SINGH AND ORS. Vs. AMRIK SINGH AND ORS.
LAWS(P&H)-2011-3-608
HIGH COURT OF PUNJAB AND HARYANA
Decided on March 23,2011

Lakhwinder Singh And Ors. Appellant
VERSUS
Amrik Singh And Ors. Respondents

JUDGEMENT

Jaswant Singh, J. - (1.) BY filing the present petition under Article 227 of the Constitution, Plaintiff -Petitioners have prayed for setting aside the impugned order dated 29.11.2010 passed by the learned Civil Judge (Jr. Division), Patiala whereby their application under Section 151 Code of Civil Procedure for restoration of possession has been dismissed.
(2.) BRIEF facts of the case are that the Plaintiff -Petitioners filed a civil suit No. 19 dated 14.1.2009 for permanent injunction restraining the Defendants -Respondents from interfering or taking away the possession forcibly and illegally of the suit land described in the head note. Along with the civil suit, an application under Order 39 Rules 1 & 2 read with Section 151 Code of Civil Procedure for temporary injunction was also filed. Upon notice, the claim of the Plaintiffs -Petitioners was resisted by the Defendants -Respondents in the main suit as well as regarding the injunction application. After hearing both the sides, learned trial Court granted the interim injunction vide order dated 9.6.2009 (P.7).
(3.) THEREAFTER , it transpires that an application dated 22.7.2009 (P.11) under Order 39 Rule 2 -A Code of Civil Procedure was filed by the Plaintiffs -Petitioners for initiating proceedings against the Defendants -Respondents for disobeying and committing the breach of the order dated 9.6.2009 passed by the learned trial Court. It is necessary to mention here that the said application is still pending adjudication with the learned trial Court. Thereafter, an application dated 13.2.2010 (P.12) under Section 151 Code of Civil Procedure for restoration of the possession of the suit property was filed by the Plaintiffs -Petitioners and upon notice the same was opposed by the Defendants -Respondents by filing their reply dated 8.3.2010 (P.13). After hearing both the sides, the said application has been dismissed by the learned trial Court vide the impugned order, hence the present revision petition.;


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