Sabina, J. - (1.) PLAINTIFF has filed a suit for permanent injunction restraining the Defendant from raising any construction or improvement in the suit property bearing Khasra No. 85(1 -3) and Khasra No. 88(0 -5). Along with the suit, an application for temporary injunction under Order 39 Rule 1 & 2 of the code of Civil Procedure was filed. Vide order dated 24.8.2009 Civil Judge (Junior Division) restrained the Defendant from raising construction or changing the nature of the suit property, in any manner till the disposal of the suit. Aggrieved by the said order, Defendant preferred an appeal and the Additional District Judge (Fast Tract Court) vide order dated 15.5.2010 allowed the appeal and dismissed the application, filed by the Plaintiff for temporary injunction. Hence, the present petition by the Plaintiff.
(2.) AFTER hearing learned Counsel for the Petitioner, I am of the opinion that the instant petition deserves dismissal. Admittedly, Plaintiff and his brothers have half shares in the suit property measuring 1 Kanals 8 Marlas, whereas Defendant is the owner of the remaining half share. The Defendant has raised construction over 5 Marlas of land. The case of the Defendant was that he was merely renovating the house which he had constructed on 5 Marlas of land. In these circumstances, the learned Additional District Judge has rightly dismissed the application for temporary injunction as the Defendant had raised construction only over 5 Marlas of land, although his share out of the suit property comes to 14 Marlas.
(3.) NO ground for interference is made out. Dismissed;