- (1.) Plaintiffs Takhvinder Singh and Darshan Singh both sons of Kapoor Singh, who were successful in securing temporary injunction from the trial Court but have been denied the same by the lower appellate Court, have filed this revision petition under Article 227 of the Constitution of India impugning judgment dated 12.03.2012 Annexure P-2 passed by learned Additional District Judge, Kurukshetra. Plaintiffs alleged that they are cosharers in joint possession of the suit land measuring 88 kanals 13 marlas and the said land has not yet been partitioned but the defendant claims to have purchased share in the joint suit land. The defendant threatened to raise construction in the suit land and to change the nature thereof. The plaintiffs accordingly sought permanent injunction restraining the defendant from changing nature of the suit land by raising construction or by lifting earth or by ousting the plaintiffs from joint possession of the suit land forcibly and illegally or in any other manner. Temporary injunction to the same effect during pendency of the suit was also claimed by the plaintiffs by moving separate application.
(2.) Defendant resisted the suit and the application by alleging that the defendant has purchased land out of the joint land from the cosharers who were in exclusive possession. Vendors of defendant-respondent handed over possession thereof to the defendant-respondent. The said land has been described in the written statement and reply and is mentioned in paragraph 3 of the impugned judgment of the lower appellate Court. The defendant pleaded that it started raising construction on the said land out of suit land about one year ago and underground construction is being carried for installation of electrodes station and substantial work has already been completed.
(3.) Learned Additional Civil Judge (Senior Division), Pehowa vide order dated 14.02.2012 Annexure P-1 allowed plaintiffs' application for temporary injunction and directed the defendant to maintain status quo regarding further construction/changing nature of the suit land till decision of the suit. However, appeal against the said order preferred by defendant has allowed by learned Additional District Judge, Kurukshetra vide impugned judgment dated 12.03.2012 Annexure P-2 and thereby application for temporary injunction filed by plaintiffs has been dismissed. Feeling aggrieved, plaintiffs have filed this revision petition.;