NATHU RAM Vs. OM PARKASH AND OTHERS

JUDGEMENT

(1.) The present revision petition has been filed under Art. 227 of the Constitution of India for setting aside the order dated 29.08.2012 passed by Civil Judge (Junior Division), Gurgaon as well as order dated 20.12.2012 passed by District Judge, Gurgaon, vide which, application filed under Order 39 Rules 1 and 2 Code of Civil Procedure has been dismissed.

(2.) Briefly, the facts of the case are that the petitioner filed a suit for permanent injunction restraining the defendants-respondents not to interfere in the peaceful possession of suit property. Along with suit, an application under Order 39 Rules 1 and 2 Code of Civil Procedure was also filed, which was dismissed on 29.08.2012. Petitioner filed appeal against the said order, which was also dismissed on 20.12.2012.

(3.) Learned counsel for the petitioner submits that earlier also a suit was filed by respondent No.1 for permanent injunction against the present petitioner, which was dismissed as he failed to establish his possession over the suit land. Learned counsel further submits that both the Courts have not taken into consideration the fact that the possession was not found to be of respondent No.1 and present petitioner is in possession of the suit land but still interim prayer has been declined by both the Courts. Learned counsel also submits that respondent No.1 has left the village in the year 1985 and is not residing since then in the village, still both the Courts have not taken into consideration that material fact.