Kali Ram Yadav Vs Mewa and Others

By w ay of present revision petiti o n, challenge has been laid t o an order dated 30.05.2024 passed by the learned trial Court whereby, a n application file d under Order 7 Rule 11 CP C at the instance of petitioner - defendant was rejected.

¶12

Bri e fly stating, the responden t s-plaintiffs filed a suit fo r injunction agai n st the petitioner-defendant w ith the following prayer:-

¶13

“It is therefore most humbly pr a yed that a decree for permanen t inju n ction may kindly be passed in fa vour of plaintiffs and against th e def e ndants by restraining them f rom dispossessing, interfering , dist u rbing the peaceful possession o f the plaintiffs over the suit lan d det a iled in para No.1 of the plaint an d further restraining from alienatin g the s ame and from changing the nat u re of the suit land. The def No. 5 shal l also be restrained from sanctioning any mutation or change th e rev e nue record qua the suit land. If the defendants succeeds i n dispossessing the plaintiffs then by way of mandatory injunction th e def e ndants may kind be directed t o restore the possession of th e plai n tiffs.

¶14

Any other relief which this Ho n ’ble Court deems fit and prope r ma y also be passed in favour of plaint i ff and against the defendants.”

¶15

TEJWINDER SINGH 2026.03.06 17:14 I agree to specified portions of this document

¶16

CR-3723-2024 -2-

¶17

Upon appearance, the petitioner-defendant moved an application under Order 7 Rule 11 CPC which was opposed at the instance of respondents-plaintiffs. The learned trial Court vide order dated 30.05.2024 dismissed the same. At the time of hearing, learned counsel for the petitioner-defendant on instructions submits that the petitioner shall not disturb the possession of the respondents-plaintiffs over the subject property except by way of execution proceedings in terms of the partition orders passed by the revenue authorities.

¶18

Faced with this, learned counsel for the respondents-plaintiffs submits that if the petitioner-defendant adheres to the aforesaid statement, even the suit pending before the learned trial Court can be disposed of.

¶19

In such circumstances, both the counsel submit that in view of the stand taken in the present revision petition, they shall now get their suit disposed of before the learned trial Court.

¶20

As such, no further orders are required to be passed in the present petition and the same is thus, disposed of.

¶21

Pending application(s), if any, shall also stand disposed of.

27.02.2026

Tejwinder

(HARKESH MANUJA)

JUDGE