LAWS(P&H)-2020-2-343

ASHISH MUNJAL Vs. ASHOK KUMAR

Decided On February 24, 2020
Ashish Munjal Appellant
V/S
ASHOK KUMAR Respondents

JUDGEMENT

(1.) The defendant-petitioner has filed the present revision petition under Article 227 of the Constitution of India against the order dated 30.8.2019 passed by Civil Judge, Junior Division, Faridabad.

(2.) With respect to a piece of land which has already been acquired, plaintiffs and defendant had entered into an agreement to sell hoping that the land shall be released. The agreement to sell is with respect to a land measuring 100 sq. yards. The plaintiffs namely Ashok Kumar and Manish Kumar filed a suit for specific performance of the agreement to sell dated 16.4.2018 with a consequential relief of permanent injunction. On 20.6.2019, learned Trial Court passed the following order:-

(3.) As it is clear from the reading of the order that injunction with regard to 433 sq. yards was granted in favour of the defendant whereas injunction with regard to 100 sq. yard was granted in favour of the plaintiffs. The defendant filed an application for grant of police help on the ground that entire land measuring 533 sq. yards which includes 433 sq. yards has been encroached upon by the plaintiffs in violation of injunction order. It may be mentioned here that the plaintiffs do not claim any right, title or interest over this 433 sq. yards plot. The learned Court passed an order on 30.8.2019, operative part whereof reads as under:-