SANJIV GARG AND OTHERS Vs. PUNJAB URBAN PLANNING AND DEVELOPMENT AUTHORITY AND ANOTHER
LAWS(P&H)-2014-9-294
HIGH COURT OF PUNJAB AND HARYANA
Decided on September 03,2014

SANJIV GARG AND OTHERS Appellant
VERSUS
PUNJAB URBAN PLANNING AND DEVELOPMENT AUTHORITY AND ANOTHER Respondents

JUDGEMENT

- (1.) Sanjiv Garg etc.-petitioners/plaintiffs have filed this civil revision petition against Punjab Urban Planning & Development Authority (hereinafter referred to as 'PUDA') etc.-respondents/defendants under Article 227 of the Constitution of India for setting aside the impugned order dated 2.9.2011 (Annexure-P.1) passed by learned Additional District Judge, Patiala, whereby the appeal of the respondent (defendant) was accepted and the well reasoned order dated 22.11.2008 of the learned trial Court was set aside and resultantly the application of the petitioners/plaintiffs filed under Order 39 Rules 1 and 2 C.P.C. for temporary injunction was dismissed.
(2.) Notice of motion was issued in this case. Learned senior counsel along with learned counsel appeared on behalf of the respondents and contested the present civil revision petition.
(3.) From the record, I find that Sanjiv Garg etc. filed a suit for mandatory injunction and permanent injunction against PUDA-defendant (respondent No.1 herein). In that suit, an application was also filed for ad interim injunction to restrain the defendant and its employees from making any kind of obstruction in the peaceful use and enjoyment of road by the applicants/plaintiffs (petitioners herein) as shown in letters 'ABCD' in the site plan appended with the said plaint and for direction to the respondent to remove the pillars installed at points-'A' and 'B' as shown in red colour in the site plan.;


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