SARJIT SINGH Vs. KAUR SAIN & ORS.

JUDGEMENT

(1.) This revision petition is directed against the order of the District Judge, Faridkot, dated Feb. 20, 1990, whereby the order of the trial Court directing restoration of two Khasras Nos. to the plaintiff was maintained.

(2.) The learned counsel for the petitioner submitted that under order 39 rules 1 and 2 of the Code of Civil Procedure, (hereinafter called the Code), the question of restoration of possession did not arise. The same could be allowed under order 39 rule 4 of the Code, for which a separate application has already been filed by the plaintiff and is still pending.

(3.) Under the circumstances, it is directed that the said application for contempt of Court be decided expeditiously and the order for restoration, if any, will be passed by the trial Court therein. The parties have been directed to appear in the trial Court on March 4, 1991. The records of the case be sent back forthwith. The operation of the impugned order shall remain stayed till the final disposal of the application filed under order 39 rule 4 of the Code. Ordered accordingly.