Permod Kohli, J. - (1.) This is defendant's revision petition against the order dated 11.11.2004 passed by the learned Additional District Judge, Gurgaon, in Civil Misc. Appeal, against the order dated 26.2.2004 passed by the learned Civil Judge (Junior Division), Gurgaon. Vide the impugned order, the learned Lower Appellate Court has directed to maintain status -quo with regard to the construction over the land in question till the final decision of the suit. This order has been passed after setting aside the order dated 26.2.2004 passed by the learned Civil Judge (Junior division), Gurgaon, whereby the application for ad interim injunction was dismissed by the learned trial Court.
(2.) The respondents filed a suit for partition with consequential relief of permanent injunction claiming the suit land to be joint between the parties, who are co -sharers. Along with the suit, an application under Order 39 Rules 1 and 2 of the Code of Civil Procedure also came to be filed seeking restraint order against the defendants from raising any construction over the vacant part of the property.
(3.) It is admitted case of the parties that Baljit Singh, Ajit Singh and Surjit Singh are the real brothers, who are sons of Budh Ram, who was the original owner of the land in question. The parties are in possession of separate parts of the suit land. It has been claimed in the suit that the parties are co -sharers in the joint possession of the land total measuring 3 Bighas, 4 Biswas and 4 Biswansis. It was further alleged that the defendants want to diminish the value of the suit land by changing its nature by raising construction and in the event, they succeeded in doing so, the plaintiffs will suffer irreparable loss, which cannot be compensated in terms of money.;