KIRTI UDAY SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present revision petition has been filed under Article 227 of the Constitution of India with a prayer for setting aside the order dtd. 30/10/2020 passed by Civil Judge (Jr. Divn), Yamuna Nagar at Jagadhri as well as the order dtd. 7/1/2021 passed by the learned Additional District Judge, Yamuna Nagar at Jagadhri whereby an application under Order 39 Rules 1 & 2 read with Sec. 151 CPC for grant of injunction to raise further construction and creating a third party right, has been rejected.

(2.) The learned counsel for the petitioners has submitted that the petitioners-plaintiffs had filed a suit for physical vacant possession of a land in which the defendant No.2-Gram Panchayat have constructed a Community Hall and some other places but the suit for possession was filed on the basis of title which is still pending. Alongwith the suit, an application under Order 39 Rules 1 and 2 CPC was filed vide Annexure P-l, on 4/11/2019 seeking an ad-interim injunction restraining the defendant No.2 from digging and picking the earth from the property of the plaintiffs-petitioners and for raising construction over the suit land during the pendency of the case. Thereafter reply of the application was filed by the defendants vide Annexure P-2 by claiming that the plaintiffs had no right, title or concern with the suit land where a Community Hall has already been constructed and the defendants have a right to raise further construction for the purpose of development work in the village. The learned trial Court while deciding the application on 30/10/2020 dismissed the same on the ground that in the land in question, construction has already been carried out and in case the Gram Panchayat of the defendant No.2 is restrained from doing any work for the benefits of the inhabitants of the village then it will cause an irreparable loss to the Gram Panchayat. Thereafter, the aforesaid order was assailed by filing the appeal by the petitioners-plaintiffs, which was also dismissed by the learned Lower Appellate Court.

(3.) I have heard learned counsel for the petitioners.