RAMESH KUMAR Vs. STATE OF PUNJAB & OTHERS
LAWS(P&H)-2012-3-225
HIGH COURT OF PUNJAB AND HARYANA
Decided on March 13,2012

RAMESH KUMAR Appellant
VERSUS
STATE OF PUNJAB AND OTHERS Respondents

JUDGEMENT

- (1.) Ramesh Kumar plaintiff having filed to secure temporary injunction in both the courts below has filed this revision petition under Article 227 of Constitution of India to challenge orders of the Courts below. Plaintiff-petitioner filed suit against State of Punjab and its officers alleging that plaintiff has been allotted disputed quarter No.T-3/45 on the basis of mutual exchange with Rattan Minhas and accordingly plaintiff is in possession of the disputed quarter. Defendants threatened to dispossess the plaintiff therefrom. Plaintiff sought permanent injunction against the defendants restraining them from doing so. Temporary injunction to the same effect during pendency of the suit was claimed by the plaintiff by moving separate application.
(2.) Defendants resisted the suit and the application. Averments of the plaintiff were denied. It was alleged that disputed quarter is in possession of Rattan Minhas and not of the plaintiff. Allotment of the disputed quarter made in favour of plaintiff was cancelled by the defendants. Plaintiff-appellant is in possession of quarter No.T-3/48 originally allotted to him. Various other pleas were also raised.
(3.) Learned Civil Judge (Junior Division), Pathankot vide impugned order dated 26.03.2010 Annexure P-4 dismissed the plaintiff's application for temporary injunction. Appeal against the said order preferred by plaintiff has been dismissed by learned Additional District Judge (Fast Track Court), Gurdaspur vide impugned order dated 05.09.2011 Annexure P-6. Both these orders are under challenge in this revision petition.;


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