ALLWIN INFRASTRUCTURE LIMITED, PANCHKULA Vs. MAXXUS DEVELOPERS

JUDGEMENT

(1.) Instant revision petition filed under Article 227 of the Constitution of India, is directed against the order dated 21.08.2020 (Annexure P-1) passed by the Civil Judge (Junior Division), Derabassi, to the extent an application moved by the respondents/defendants for demarcation in a suit for injunction instituted by the petitioner/plaintiff, has been allowed.

(2.) Counsel submits that the petitioner is a company duly registered with the Registrar of Companies and engaged in construction and developing land as Residential Group Housing Colony in and around Zirakpur. Petitioner is stated to be owner as also in exclusive possession of suit land measuring 20 bighas 15 biswas, on the basis of 4 registered sale-deeds in the Revenue Estate of Village Singhpura, Tehsil Derabassi, District SAS Nagar. Petitioner company is stated to be developing a Residential Group Housing Colony in land measuring 16 bigha 10 biswas out of the suit land under the name and style of El-SPAZIA. In the remaining land measuring 3 bighas 17 biswas a commercial unit is to be developed for which CLU from the competent authority has been granted. It is submitted that the respondents/defendants have no concern with the suit land. Respondents No.2 and 3 owned land adjacent to the petitioner land and all the respondents in collusion are attempting to encroach upon the suit land belonging to the petitioner.

(3.) It is against such brief factual backdrop that the suit for permanent injunction restraining the defendants (respondents herein) from interfering in the peaceful possession of the petitioner/plaintiff and further restraining them in any manner from encroaching upon the suit land was instituted.