LAWS(P&H)-2014-1-207

HARPAL SINGH Vs. GRAM PANCHAYAT

Decided On January 10, 2014
Harpal Singh and Ors. Appellant
V/S
Gram Panchayat and Ors. Respondents

JUDGEMENT

(1.) The matrix of the facts and material, which needs a necessary mention for the limited purpose of deciding the core controversy, involved in the instant revision petition and emanating from the record, is that the land in dispute is Shamlat deh of Gram Panchayat of village Kona, Tehsil Kalka, District Panchkula. Petitioners-plaintiffs Harpal Singh son of Rachan Singh and others (for brevity "the plaintiffs"), claiming themselves to be its owners being Khewatdar/proprietors, have instituted the civil suit (Annexure P1) for a decree of permanent injunction, restraining the defendants-respondents Gram Panchayat of village Kona, BDPO and State of Haryana through its Collector (for short "the defendants") from interfering in their ownership and possession of the property in dispute. They have also filed an application for ad interim injunction, invoking the provisions of Order 39 Rules 1 & 2 read with Section 151 CPC. The defendants contested the suit, filed written statement (Annexure P6), reply to the stay application and prayed for their dismissal.

(2.) Taking into consideration the material on record, the trial Court dismissed the injunction application filed by the plaintiffs, vide impugned order dated 9.11.2012 (Annexure P7).

(3.) Aggrieved thereby, the appeal filed by the plaintiffs was dismissed as well, by virtue of impugned order dated 20.11.2013 (Annexure P8) by the appellate Court.