SIMRU RAM Vs. BALBIR KUMAR

JUDGEMENT

(1.) This revision petition is directed against the order dated 21.11.2001 passed by the Additional District Judge, Nawahshahr dismissing the appeal of the plaintiff-petitioners affirming the order dated 10.11.2001, passed by the Additional Civil Judge (Senior Division), Balachaur. The Civil Judge in his order has recorded the statement of the defendant-respondents wherein they have stated that they would not raise any new construction after the completion of roof and whatever decision is delivered in the suit the same must be binding on both the parties. The application under Order 39 rules 1 and 2 read with Section 151 of the Code of Civil Procedure, 1908 (for brevity, 'the Code') was decided in accordance with the statement made.

(2.) The plaintiff-petitioners feeling aggrieved by order dated 10.11.2001 filed an appeal wherein the Additional District Judge directed parties to maintain status quo regarding existing nature of the suit land as per the statement made before the trial Court and the application was to be considered on 9.1.2002.