High Court of Punjab & Haryana dismissed a revision petition under Article 226 challenging orders denying interim injunction in a suit for permanent injunction regarding possession of suit property.
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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
C.R. No. 1557 of 2012(O&M) Date of Decision: 13.3.2012.
Satyawan
--Petitioner
Versus
Gram Panchayat, Chitain
--Respondent
CORAM:- HON'BLE MR.JUSTICE TEJINDER SINGH DHINDSA.
Present:Mr. Satish Chaudhary, Advocate for the petitioner.
TEJINDER SINGH DHINDSA.J
The present revision petition under Article 227 of the Constitution of India is directed against the order dated 4.11.2011 passed by the Additional District Judge, Fatehabad, whereby the appeal filed by the present petitioner against the order dated 4.1.2011 passed by the Additional Civil Judge (Sr. Divn.), Tohana dismissing the application under Order 39 Rules 1 & 2 has been dismissed.
Briefly noticed, the present petitioner/plaintiff had filed a suit for permanent injunction restraining the respondent Gram Panchayat from interfering in his possession over the suit property. As per his own case set up in the plaint, the suit property was on open site and situated within the abadi deh of the village. The courts below have clearly noticed that the petitioner/plaintiff has failed to prima facie prove his possession over the suit property, as such the interim relief regarding grant of injunction has been declined.
I do not find any ground that would warrant interference with the impugned order. The order passed by the Additional District Judge,
C.R. No. 1557 of 2012(O&M)
-2-
Fatehabad dated 4.11.2011 is well reasoned and I do not find any patent
infirmity in the same.
Revision petition is, accordingly, dismissed.
(TEJINDER SINGH DHINDSA) JUDGE
13.3.2012. lucky
Satyawan
Gram Panchayat, Chitain
Tejinder Singh Dhindsa
As recorded by the court registry
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