RAMESH Vs. ROHTASH AND OTHERS

JUDGEMENT

(1.) The present revision petition has been filed under Article 227 of the Constitution of India for setting aside the order dated 01.10.2011 passed by learned Additional District Judge, Sonepat, vide which, application under Order 39 Rules 1 and 2 read with Section 151 CPC has been dismissed.

(2.) Briefly, the facts of the case are that plaintiff-petitioner filed a suit for permanent injunction on the basis of possession of property in dispute before Civil Court. An application under Order 39 Rules 1 and 2 read with Section 151 CPC for temporary injunction was also filed, which was dismissed by the trial Court vide order dated 10.11.2009. Thereafter, the petitioner filed an appeal before learned Additional District Judge, Sonepat, which was also dismissed on 01.10.2011.

(3.) After losing before both the Courts below, the present revision petition has been filed before this Court on the ground that Courts below have wrongly declined the interim injunction by relying upon judgment and decree dated 25.09.2006 passed in the earlier suit filed by the petitioner whereas the petitioner is still in possession of the land in dispute.