AMIT KUMAR Vs. NARESH KUMAR
LAWS(P&H)-2014-1-38
HIGH COURT OF PUNJAB AND HARYANA
Decided on January 30,2014

AMIT KUMAR Appellant
VERSUS
NARESH KUMAR Respondents

JUDGEMENT

MEHINDER SINGH SULLAR, J. - (1.) TERSELY , the facts & material, culminating in the commencement, relevant for deciding the instant revision petition and emanating from the record, are that, initially, respondent No.1 -plaintiff Naresh Kumar s/o Rameshwar Dass (for brevity "the plaintiff") has instituted the civil suit (Annexure P1) for a decree of permanent, prohibitory and mandatory injunction, restraining petitioner -defendant No.1 Amit Kumar and his father Shiv Kumar proforma respondent No.2 -defendant No.2 (for short "the defendants"), from raising any construction over the plot in dispute, in any manner. The plaintiff has also filed an application for ad interim injunction under Order 39 Rules 1 and 2 read with Section 151 CPC.
(2.) SEQUELLY , the petitioner -defendant No.1 contested the claim of plaintiff & stay application, filed written statement (Annexure P2), stoutly denied all the allegations contained in the plaint and prayed for dismissal of the suit. Taking into consideration the facts and entire material on record, the trial Court accepted the stay application and directed the parties to maintain status -quo with regard to nature and possession of the suit property, by means of impugned order dated 1.11.2013.
(3.) AGGRIEVED thereby, the appeal filed by petitioner -defendant No.1 was dismissed as well, by the appellate Court, by virtue of impugned judgment dated 6.1.2014.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.