SHAKTI IMPEX AHMEDGARH Vs. AMAR SINGH

JUDGEMENT

(1.) Following substantial questions of general importance of law and fact on which the existence or extent of a legal right depends arise for consideration in this revision petition arising from the order dated 21.11.2013 (Annexure P-2) passed by learned Additional District Judge, Sangrur whereby application filed by the respondent-plaintiff under Order 39 Rules 1 and 2 read with Section 151 of the Code of Civil Procedure, 1908 (in short "the Code") has been allowed and the order dated 28.03.2011 passed by the trial Court has been reversed:

(2.) In my opinion, the matter in hand requires to be examined in depth as lot of litigation comes in courts on the above questions. Before proceeding further, it would be appropriate to give the facts which are necessary to put the controversy in its proper perspective.

(3.) Plaintiff-Amar Singh filed a suit for prohibitory injunction restraining the defendant-M/s Shakti Implex Ahmedgarh from illegally and forcibly raising any sort of construction in specific khasra numbers of joint agricultural land measuring 119 bighas 5 biswas comprising of various khasra numbers as described in the head-note of the plaint as well as jamabandi for the year 2006, except in due course of law till it is partitioned by metes and bounds. Along with the suit, an application under Order 39 Rules 1 and 2 read with Section 151 of the Code was also moved for grant of temporary injunction. It is pleaded that the land measuring 119 bighas 5 biswas is a joint property and has not been partitioned by metes and bounds. The defendant is threatening to raise construction on specific khasra numbers touching the metalled road which are more valuable.