HARDEEP SINGH Vs. RATTAN SINGH

JUDGEMENT

(1.) Defendant No. 1-Hardeep Singh has filed this revision petition under Article 227 of the Constitution of India impugning judgment dated 11.08.2011 Annexure P-11 passed by the lower Appellate Court. Respondent No. 1-Rattan Singh has filed suit against the petitioner-defendant No. 1 and respondent No. 2-Basakha Singh-defendant No. 2. All the three are real brothers. The plaintiff pleaded that all the three are joint owners of the suit property i.e. 10 Kanals 3 marlas land and a house described in the plaint to the extent of 1/3rd share each. Registered gift deed dated 02.04.2003 allegedly executed by Jarnail Singh-grand father of the parties, in favour of defendant No. 1 was also challenged in the suit along with consequent mutation. Permanent injunction restraining defendant No. 1 from changing the nature of suit land and from alienating the same was also claimed.

(2.) Along with plaint Annexure P-2, plaintiff moved application Annexure P-3 for temporary injunction seeking to restrain defendant No. 1 from changing the nature of the suit land and from alienating the same till disposal of the suit. The said application was dismissed by trial Court vide order dated 29.05.2009 Annexure P-4. Appeal Annexure P-5 preferred against the said order by the plaintiff was also dismissed by the lower appellate Court vide judgment dated 02.02.2010 Annexure P-6. However, plaintiff thereafter filed second application Annexure P-7 seeking temporary injunction to the same effect. Defendant No. 1 by filing reply Annexure P-8 opposed the said application. Learned trial Court vide order dated 08.04.2011 Annexure P-9 dismissed the said application for temporary injunction. However, appeal Annexure P-10 against the said order has been allowed by Additional District Judge vide impugned judgment dated 11.08.2011 Annexure P-11 and thereby both the parties have been directed to maintain status quo regarding alienation as well as nature of the suit property during pendency of the suit. Feeling aggrieved, defendant No. 1 has filed this revision petition to assail judgment Annexure P-11.

(3.) I have heard counsel for the parties and perused the case file.