MOHAN LAL Vs. SOM NATH

JUDGEMENT

(1.) The petitioners/defendants are in revision before this Court against the order dated 19th February, 2020 (Annexure P-2) rendered by the Addl. District Judge, Kurukshetra, vide which, an application preferred against the order of dismissal of the injunction application filed by the respondent/plaintiff to impugn the order passed by the Civil Judge (Jr. Divn.), Pehowa, was allowed.

(2.) The respondent/plaintiff filed an injunction application under Order 39 Rule 1 & 2 of the CPC to restrain the petitioners/defendants from raising any construction on the valuable and specific portion of the suit land and not to remove the earth from the suit land, as that would amount to changing the nature of the suit land i.e. agriculture land measuring 11 Kanals 09 Marlas comprised in Khewat No. 136, Khatoni No. 354, Rect. No. 34, Killa No. 5/1/1/(2-1), Khatoni No. 358, Rect. No. 34, Killa No.4/1(7-2), 7/1/1(4-17), situated within the revenue estate of village Mandi, Tehsil Pehowa, District Kurukshetra, vide Jamabandi for the year

(3.) The case of the respondent/plaintiff was that the suit land was joint and all the co-sharers were in exclusive possession; no partition had taken place. A suit for partition of the suit land had been filed before the A.C. Ist Grade, Pehowa and the petitioners/defendants were trying to change the nature of suit land.