SURJIT KAUR Vs. PRITAM SINGH

JUDGEMENT

(1.) THE present revision petition is directed against the order dated October 22, 2002 passed by the learned Additional District Judge, Hoshiarpur, whereby the appeal filed by the plaintiff-respondents against the order dated April 28, 2000 passed by the learned Civil Judge (Junior Division), Hoshiarpur was allowed and the present petitioner Lakhbir Singh was ordered to be detained in civil prison for a period of three months with a further direction that the trial court would attach his property for awarding appropriate compensation to the applicants of the injunction orders.

(2.) A suit for mandatory injunction was filed by the original plaintiff Saroop Singh (since dead) for directing defendants Lakhbir Singh and Iqbal Singh to remove the construction of malba in specific portion of the land in dispute. Along with the aforesaid suit an application under Order 39 Rules 1 and 2 of the Code of Civil Procedure (hereinafter referred to as the "Code") was filed. Vide order dated December 17, 1994, the learned trial Court directed the parties to maintain status-quo with regard to the actual position obtaining at the spot regarding the nature of the suit property and also report as to whether any construction was raised or was being made in the suit property, if so by whom and the nature of the construction. A Local Commissioner was also directed to visit the spot and conduct the inspection in the presence of the parties by serving an appropriate notice, if possible.

(3.) THE aforesaid application filed by the plaintiff was contested by defendant Lakhbir Singh. He claimed that he had never violated the injunction order which in fact was not to his knowledge. It was further stated by him that the construction at the spot had been raised much prior to the filing of the present suit and, at no stage, anybody had ever objected to the aforesaid construction.