RAM BHAJ Vs. SHRI DAVINDER

JUDGEMENT

(1.) Plaintiff Ram Bhaj has filed this revision petition under Article 227 of the Constitution of India assailing order dated 12.12.2011 (Annexure P-5), passed by learned Additional District Judge, Karnal, thereby allowing application (Annexure P-3), moved by defendant-respondent for clarification/amendment of judgment dated 09.09.2009 (Annexure P-2) passed by the same Court.

(2.) Plaintiff-petitioner moved application for temporary injunction in the suit filed by him against defendant-respondent. Learned trial court, vide order dated 15.01.2009 (Annexure P-1) dismissed the plaintiff's application for temporary injunction. However, in appeal preferred by the plaintiff against the said order, learned lower appellate court, vide judgment Annexure P-2, allowed the plaintiff's appeal and thereby allowed application for temporary injunction filed by plaintiff and restrained the defendant from alienating the suit property during pendency of the suit.

(3.) Defendant-respondent filed application Annexure P-3 for clarification/amendment of judgment Annexure P-2 alleging that under the garb of judgment Annexure P-2, the defendant was facing hardship in disposal of his other property and accordingly, the defendant prayed that description of the suit property be given in judgment Annexure P-2 by clarification/amendment. The said application has been allowed by the lower appellate court vide impugned order Annexure P-5 and thereby, description of the suit property, as mentioned by the plaintiff-petitioner himself in his suit, has been ordered to be added in judgment Annexure P-2. Feeling aggrieved, plaintiff has filed the instant revision petition.