RAM KUMAR Vs. NARAYANI DEVI

JUDGEMENT

(1.) Heard through video conferencing.

(2.) The present civil revision petition under Article 227 of the Constitution of India read with Section 151 of the Code of Civil Procedure, 1908 (CPC) has been filed for setting aside the impugned order dated 16.02.2021 (Annexure P-1), whereby the Trial Court has dismissed the application (Annexure P-5) of the plaintiff-petitioners filed under Order 39 Rules 1 and 2 CPC for grant of interim injunction.

(3.) The facts in brief are that in 2014 the plaintiff-petitioners filed a civil suit (CS. No.220, ID No.CS-1671-2014) for possession by way of partition of land measuring 5 Kanals 2 Marlas situated in Village Kabarcha, Tehsil Narwana, District Jind. The present defendant-respondents were defendant Nos.40, 41 and 42 in this suit. Vide judgement dated 28.08.2018 (Annexure P-2) the Trial Court passed a preliminary decree in favour of the plaintiff-petitioners holding that 'the plaintiffs are owner of the suit property measuring 5 Kanal 2 Marlas, fully described above, to the extent of 29/102 share and the plaintiffs are entitled to separate possession of their share by partition of suit property by metes and bounds. The parties to the suit are directed to get the suit property partitioned as per their shares mutually within three months, failing which any of the parties can approach the court for partition of the suit property by metes and bounds'. The present defendant-respondents, who were defendant Nos.40, 41 and 42 in the said civil suit (CS. No.220, ID No.CS-1671-2014) challenged the decision of the Trial Court by filing an appeal (CA-329-2018) which appeal is still pending before the Additional District Judge, Jind.