RATI RAM Vs. RAMESH

JUDGEMENT

(1.) CM No. 18983 -CII of 2013

(2.) LEARNED counsel for applicants -respondents states that documents annexed with the application are already placed before the trial Court. Allowed subject to all just exceptions. Annexures R -1 to R -3 are taken on record.

(3.) SHORN of unnecessary details, the facts relevant for disposal of the present petition are to the effect that the petitioner -plaintiff filed suit for permanent injunction restraining the respondents -defendants from raising construction over specific portion of the suit land by referring to various khasra numbers mentioned in the plaint, situated within the revenue estate of village Machhgar, Tehsil Ballabgarh, District Faridabad and also prayed for restraining the respondents from alienating specific khasra number without getting it partitioned. Along with the suit, an application under Order 39 Rules 1 and 2 CPC was also filed which was allowed by trial Court vide order dated 30.11.2012 and respondent No. 1 -defendant No. 1 was restrained from alienating the suit property more than to the extent of his share and raising further construction till disposal of the suit. The appeal against this order was partly accepted vide order dated 03.07.2013 and the impugned order restraining respondent No. 1 to raise further construction was set aside to that extent. Hence, this revision petition.