JOGINDER SINGH Vs. AJIT SING

JUDGEMENT

(1.) A plea filed by the plaintiff - respondent under Order 39 Rules 1 and 2 C.P.C. came to be dismissed by the learned Trial Court vide order dated 25.07.2007. However, the learned First Appellate Court reversed that finding in part and restrained the defendants-petitioners from raising any construction over the land in suit, without getting it partitioned, till the disposal of the case.

(2.) It is apparent from a conjunctive perusal of two orders under adjudication that the parties are co-sharers in the property in dispute and further that the property is unpartitioned till date.

(3.) It is apparent from the record that a Coordinate Bench (Harbans Lal, J.) of this Court passed interim order dated 14.12.2009 vide which the defendants - petitioners were restrained from raising construction over the land bearing khasra Nos. 5//25/2/1(0-13), 25/1 (6-18).