RANJEET Vs. KANI LAL & ORS.

JUDGEMENT

(1.) This petition is directed against the order of the Additional District Judge, Sirsa dated 19.2.1990 whereby the order of the trial Court granting ad interim injunction restraining the defendant from dispossessing the plaintiff from the suit land was modified and it was directed that the parties shall maintain status quo with respect to the possession over the suit land.

(2.) The plaintiff filed a suit for permanent injunction restraining the defendant from interfering in his possession. Along with the suit he filed an application under Order 39, Rules 1 and 2 of the Code of Civil Procedure for ad interim injunction. The same was contested on behalf of the defendant on the ground that the plaintiff was not in possession of the suit land whereas they were in possession thereof. However, the trial Court found that the plaintiffs have a good prima-facie case and the balance of convenience also lies in their favour Consequently, the defendants were restrained from dispossessing the plaintiff from the suit land forcibly and illegally till the decision of the suit. On appeal, the Ld Additional District Judge found that the defendants are prima-facie proved to be in possession of the suit land comprised in Rectangle Nos. 16, 17 and 18 whereas the plaintiffs are proved to be in possession of the remaining suit land. Consequently, the trial Court order was modified to the extent that the parties shall maintain status quo with respect to the possession over the suit land. Dissatisfied with the same, the plaintiff Ranjeet filed this petition in this Court. At the time of motion hearing status quo regarding possession was directed to be maintained.

(3.) After going through the petition, I am of the view that since both the parties claim possession over the suit land, the Ld. Additional District Judge rightly ordered that the parties shall maintain status quo with respect to the possession over the suit land. Under these circumstances there is no illegality in the impugned order as to interfere in revisional jurisdiction.