NARESH SAINI Vs. SUNIL CHAUHAN

JUDGEMENT

(1.) Present revision petition has been filed seeking setting aside/modifying the impugned order dtd. 7/1/2021 passed by the ld. Civil Judge (Junior Division) Gurugram whereby the application filed by the petitioner/ plaintiff under Sec. 151 CPC, for issuance of direction to SHO to stop the construction work at the spot, has been dismissed.

(2.) Facts in brief are that the petitioner acquired ownership-in-possession of Plot measuring 355.5 square yards situated within the Lal Dora of Abadi of Village Wazirpur, District Gurugram by way transfer deed bearing Vasika No.892/20/7/2020. He filed civil suit seeking decree of permanent injunction restraining the defendants/ respondents herein, from interfering in the peaceful possession of the petitioner/plaintiff, and also raising any objections on construction by the petitioner over the suit plot. Along with the suit, the petitioner filed an application under Order 39 Rules 1 and 2 CPC.

(3.) It is submitted by the learned counsel for the petitioner that vide order dtd. 6/8/2020 the application filed by the petitioner under Order 39 Rules 1 and 2 CPC was allowed and the defendants/respondents were restrained from interfering in peaceful possession of the plaintiff over the suit plot (as described in the registered release deed bearing no.892 dtd. 20/7/2020). The defendants/respondents were also restrained from raising objection to construction to be raised over the suit plot by the plaintiff. It is submitted that this order dtd. 6/8/2020 was never challenged by the respondents and attained finality. Learned counsel submits that however, thereafter, as the possession of the petitioner was being interfered with and construction work was being carried out by the respondents/defendants over the suit property, petitioner filed the present application u/s 151 CPC (Annexure P-2) for 'issuing direction to SHO concerned to stop the construction work at the spot'. Respondents in their reply to this application stated that 'they had raised construction over the ancestral land and erected boundary wall height up to 4 feet within Khewat No.92, Khatoni No.114, Killa No.3 (6-14), 6-0 Chahi and 0-14 Gair Mumkin Makaan Kila No.6 (3-4) Gair Mumkin Makaan, Killa No.15/1 (1-5) Chahi in the month of January 2020. The answering respondents have no concern over the land of Lal Dora within the revenue estate of Village Wazirpur, District Gurugram'. It is submitted that in view of the admission on the part of the respondents that they were raising construction over the suit plot, which was clearly in contravention of the direction of the Ld. Trial Court contained in order dtd. 6/8/2020, the dismissal of petitioner's application dtd. 16/9/2020 (Annexure P-2) is unsustainable. It is submitted that instead of restraining the defendants from interfering in the possession of the petitioner, the Ld. Trial Court has, vide the impugned order dtd. 7/1/2021, instead held that:-