VIJAY AGGARWAL Vs. RAJNISH GUPTA

JUDGEMENT

(1.) Petition herein is for setting aside the impugned order dtd. 28/3/2023 (Annexure P-1) passed by learned Additional District Judge, Ambala whereby order dtd. 3/3/2023 (Annexure P-10) passed by learned Additional Civil Judge (Junior Division), Naraingarh, District Ambala was set aside and petitioners/defendants No.1 to 3were restrained from interfering or from raising construction over suit property alleged to be in possession of plaintiff/ respondent No.1.

(2.) The revision petition is premised on the averments thatplaintiff/ respondent No.1 hereinfiled suit for mandatory injunction with the prayer that petitioners/defendants No.1 to 3 may be directed to remove encroachment/ construction raised by them over plot measuring 10 Marlas, being part of Khasra No.49//10 (8-0), situated in village Dera, H.B. No.190, Tehsil Narangarh, District Ambala. This portion was reflected as ABCD in the site plan. Further prayed to restrain defendants No.1 to 3/petitioners herein from interfering in peaceful possession of plaintiff.

(3.) Learned counsel for petitioners would contend that no dimensions of land purchased by plaintiff has been mentioned in the sale deed dtd. 5/9/2005 to establish that plaintiff was delivered possession of some specific portion by his predecessor. Also contends that under the garb of injunction suit and ad interim application, plaintiff is trying to take possession of area under possession of petitioners/defendants No.1 to 3.