BUDH SINGH Vs. BALBIR SINGH

JUDGEMENT

(1.) This is revision petition by defendants, who have been unsuccessful in both the courts below.

(2.) Respondent Balbir Singh, who is brother of defendants, filed suit, wherein the plaintiff moved application under Order 39 Rules 1 and 2 read with Section 151 of the Code of Civil Procedure for temporary injunction. It is alleged by the plaintiff-respondent that the suit land is joint land of the parties and has not yet been partitioned, but the defendants threatened to raise construction on the suit land and to change the user thereof to deprive the plaintiff of his due share. The plaintiff accordingly sought temporary injunction restraining the defendants from raising any construction on the suit land and from changing user thereof without partition, till the final decision of the suit.

(3.) The defendants, admitted that the land is still joint and has not yet been partitioned. The defendants, however, pleaded that they have right to raise construction on the land, which is in their exclusive possession. Learned Additional Civil Judge (Senior Division), Bathinda, vide impugned order dated 01.11.2008 (Annexure P-1), allowed application of plaintiff for temporary injunction and restrained the defendants (appellants herein) from changing nature of the suit property by raising construction thereon till disposal of the suit. Appeal preferred by the defendants against the said order has been dismissed by learned Additional District Judge, Fast Track Court, Bathinda, vide judgment dated 16.11.2009 (Annexure P-2). Feeling still aggrieved, the defendants have preferred the instant revision petition.