LAWS(P&H)-2011-3-903

SAHAB SINGH Vs. SUCHA SINGH

Decided On March 23, 2011
SAHAB SINGH Appellant
V/S
SUCHA SINGH Respondents

JUDGEMENT

(1.) PLAINTIFF has filed a suit for permanent injunction restraining the Defendant from raising any construction or improvement in the suit property bearing Khasra No. 85(1 -3) and Khasra No. 88(0 -5). Along with the suit, an application for temporary injunction under Order 39 Rule 1 & 2 of the code of Civil Procedure was filed. Vide order dated 24.8.2009 Civil Judge (Junior Division) restrained the Defendant from raising construction or changing the nature of the suit property, in any manner till the disposal of the suit. Aggrieved by the said order, Defendant preferred an appeal and the Additional District Judge (Fast Tract Court) vide order dated 15.5.2010 allowed the appeal and dismissed the application, filed by the Plaintiff for temporary injunction. Hence, the present petition by the Plaintiff.

(2.) AFTER hearing learned Counsel for the Petitioner, I am of the opinion that the instant petition deserves dismissal.

(3.) NO ground for interference is made out.