JOGINDER SINGH Vs. PANJAB SINGH

JUDGEMENT

(1.) DEFENDANTS have filed this revision petition under Article 227 of the Constitution of India assailing judgment dated 04.09.2013 (Annexure P 2) passed by the lower appellate court.

(2.) RESPONDENTS /plaintiffs have filed suit for permanent injunction alleging that they, as co sharers, are in exclusive possession of the suit land measuring 08 kanals since the time of their fore fathers, on the basis of oral partition. The defendants, who are also co sharers, are in possession of other 80 kanals 08 marlas other land, out of the joint land, which is in excess of their share. However, the defendants tried to interfere in possession of the plaintiffs over the suit land, necessitating the filing of the suit. The plaintiffs, by filing application for temporary injunction, sought to restrain the defendants from interfering in possession of the plaintiffs over the suit land, during pendency of the suit.

(3.) LEARNED trial court, vide order dated 25.07.2013 (Annexure P 1), dismissed the plaintiffs' application for temporary injunction. However, appeal against the said order, preferred by the plaintiffs, has been allowed by learned District Judge, vide impugned judgment dated 04.09.2013 (Annexure P 2), and thereby, application filed by the plaintiffs for temporary injunction has been allowed and defendants have been restrained from interfering in possession of the plaintiffs over the suit land till final decision of the suit except by getting the suit land partitioned through Court or by mutual consent. Feeling aggrieved, defendants have filed this revision petition to assail the said judgment passed by the lower appellate court.