CHAMKAUR SINGH Vs. PARWINDER SINGH & OTHERS

JUDGEMENT

(1.) Claiming himself to be in possession of the suit land, more fully described in the cause title of the plaint, respondent No.1, herein, filed suit for permanent injunction before the trial Court against the petitioner and respondents Nos. 2 to 4, seeking to restrain them from usurping the suit land, as the latter made an abortive attempt to usurp the same.

(2.) Alongwith the suit, an application under Order 39 rule 1 and 2 read with Section 151 of the Code of Civil Procedure (for short 'CPC') was filed by the respondent No.1, before the trial Court averring, therein, that prima facie case and balance of convenience are in his favour and that he shall suffer irreparable loss and injury by refusal of temporary injunction till the disposal of suit. Consequently, prayer for acceptance, thereof, was, thus, made.

(3.) The trial Court on the day of presentation of the suit and application, passed order dated 25.09.2013 (Annexure P-5), thereby, restrained the petitioner and respondents Nos. 2 to 4 from dispossessing the respondent No.1 from the suit land illegally, forcibly and without due process of law, till further orders.