MALKEET SINGH Vs. YADWINDER SINGH

JUDGEMENT

(1.) This petition assails the order dated 20.11.2010 (Annexure P-7) passed by the Civil Judge (Junior Division), Ferozepur, providing police help to enforce the order dated 26.05.2010 (Annexure P-3) passed under Order 39 Rule 1 and 2 CPC.

(2.) The factual background of the case is that the petitioners are joint owners in possession of the land measuring 64 Kanals 4 Marlas, situated in village Bhangat, Tehsil and District Ferozepur. The petitioners had filed a suit for declaration challenging the alleged sale deed dated 22.11.2007 propounded by the respondents in respect of the land measuring 11 Kanals and sale deed dated 26.11.2007 in respect of the land measuring 7 Kanals 3 Marlas and sale deed dated 21.11.2007 regarding 7 Kanals 2 Marlas of land. In the said suit, on the application filed by the petitioners under Order 39 Rules 1 and 2 CPC, the trial Court granted injunction, restraining respondents from disposing of the suit land in any manner. The appeal against the said order filed by the petitioner is pending adjudication.

(3.) Thereafter, the respondents also filed a suit for permanent injunction, which was contested by the petitioners. In the said suit, on 26.05.2010, the trial Court had granted ad-interim injunction restraining the petitioners from dispossessing the respondents from the suit land, except in due course of law. The appeals against the orders of injunction passed in both the suits are still pending. Thereafter, the respondents had filed an application for providing the police assistance to enforce the order of injunction dated 26.05.2010 on the ground that despite the order of injunction, the petitioners are still threatening to dispossess them from the suit land, which was allowed by the trial Court.