VIRENDER KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Present revision petition has been filed by plaintiff No. 5 - Virender Kumar (petitioner herein), against the order dtd. 8/2/2022, passed by the Court of learned Civil Judge (Junior Division) Rewari, whereby while considering the plea of temporary injunction pleaded through an application under Order XXXIX Rules 1 and 2 read with Sec. 151 CPC, filed by the plaintiffs, has been dismissed, and the order dtd. 18/2/2022, passed by learned Additional District Judge, Rewari, vide which the appeal preferred by the plaintiffs against the order dtd. 8/2/2022, has been dismissed.

(2.) Facts in brief are that plaintiffs have filed a suit for declaration and permanent injunction under Sec. 91 read with Sec. 151 CPC. In the suit it has been pleaded that plaintiffs are permanent residents of Sector 4, Rewari. Defendant No. 4 - Estate Officer, Haryana Shehri Vikas Pradhikaran, Rewari, had allotted plots bearing Nos. 728, 729P, 849AP, 1322 and 229 with a promise to provide better facilities to the allottees. Plaintiffs have raised their residential buildings with due permission of defendant Nos. 1 to 4, after issuance of allotment/re-allotment letters. Defendant Nos. 1 to 4 (respondent Nos. 1 to 4 herein) had reserved an area in front of houses of the plaintiffs for a park and authorities have raised construction in the reserved area meant for the park in Sector 4, for its utilization by the residents of said sector.

(3.) Plaintiffs further pleaded in the suit that defendant No. 5 - Sant Raj is a strong and influential person, who in connivance with defendant Nos. 1 to 4 is adamant to raise construction within and outside the said park and wants to change nature of the park. Thus, to restrain defendant No. 5 from encroaching and raising any sort of construction in the public park situated in Sector 4, suit under Sec. 91 of the CPC, i.e. in the representative capacity has been instituted.