JANGIR SINGH Vs. RUPINDER SINGH

JUDGEMENT

(1.) The present revision petition has arisen out of an order in an application under Order 39, rules 1 and 2 of the Code of Civil Procedure in a suit titled as Jangir Singh v. Rupinder Singh and others, pending in the trial Court at Sunam.

(2.) The trial Court while disposing of the injunction application ordered that the defendants - the State of Punjab, the Executive Magistrate, the Tehsildar/Naib-Tehsildar (Sales) as well as the Field Kanungo are restrained from dispossessing the plaintiff from the suit land by taking recourse to the proceedings under Sections 145/146 Cr.P.C. It was further ordered that it would be open to defendants 1 to 3 to take possession from the plaintiff with respect to their shares in accordance with law. Defendants 1 to 3 filed an appeal against the order of the trial Court and the learned Additional District Judge by his order dated September 6, 1991 allowed the appeal and set aside the order of the trial Court, meaning thereby that the injunction granted by the trial Court was vacated. This is how, the plaintiff has filed the present revision petition.

(3.) During the course of arguments, learned counsel for the parties are agreed that no injunction can be granted against defendants 5 to 8 restraining them from taking the recourse to the proceedings under Sections 145/146 Cr.P.C. or to dispossess either the plaintiff or the defendant in those proceedings. In this view of the matter, this revision petition is disposed of. It is, however, made clear that it would be open to defendants 5 to 8 to proceed under Sections 145/146 Cr.P.C. if the facts and law so warrant and justify the initiation of such proceedings. There shall, however, be no order as to costs. Since the suit is pending for the last about three years, it is directed that the suit be disposed of as expeditiously as possible, preferably within one year. Ordered accordingly.