PREM CHAND MARKANDA Vs. MANDIR BRAHMKUND TRUST

JUDGEMENT

(1.) Instant civil revision has been filed under Article 227 of the Constitution of India for setting aside the order dated 23.08.2011 (Annexure P/2) passed by learned Additional District Judge, Jalandhar.

(2.) Shorn of unnecessary details, the facts relevant for disposal of the present petition are to the effect that petitioner-plaintiff filed suit for permanent injunction restraining the respondents-defendants from interfering in the property which has been given to them on lease vide agreement deed dated 10.08.1987. In the suit, an application under Order 39 Rules 1 and 2 CPC was moved. Vide order dated 19.05.2011, trial Court after hearing the parties restrained the respondents from interfering, dispossessing, causing any threat for the demolition of existing structure and directed them not to interfere in the construction work of girls hostel, encroach upon the land and install any idol, forcibly and illegally in the leased property except in due course of law. Feeling aggrieved by the order dated 19.05.2011, the respondents-defendants preferred an appeal, vide impugned order dated 23.08.2011, learned Additional District Judge, Jalandhar has modified the order dated 19.05.2011 and directed the parties to maintain status quo primarily on the ground that it will be proved during the course of arguments as to how much area was covered by the shops and Mandir Complex. Feeling aggrieved with the impugned order dated 23.08.2011, the petitionerplaintiff has approached this court by filing the instant revision petition.

(3.) I have heard learned counsel for the parties and perused the record.