MONIKA ARORA Vs. AMARJIT SINGH AND OTHERS

JUDGEMENT

(1.) This petition is filed by defendant No.1 against the order of the Appellate Court, granting injunction, restraining respondent No.1 from alienating, transferring or raising any kind of construction over the plot in dispute, for a period of one year.

(2.) Shorn of unnecessary details, the plaintiff filed suit for permanent injunction restraining the defendants, their agents, nominees, attorneys, assignees, heirs, relatives, friends, employees etc. from interfering in their peaceful possession or dispossessing them forcibly and illegally from the land shown in red in the site plan attached, marked with letters ABCDEFGH and bounded as North-property of Mohinder Singh and Nishi Kant, South-earlier plot of Surinder Singh and Mohinder Singh and others and at present Sohan Lal and plot of others, East CR Baldev Behl, Roshan Lal and Yogesh Kumar Behl, West-Preeti Pal and Sohan Lal, or from raising any kind of construction in the suit land allegedly exclusively owned by the plaintiff alongwith his brother Gurdip Singh.

(3.) An application for temporary injunction, under Order 39 Rule 1 and 2 of the Code of Civil Procedure, 1908 [for short the CPC] was also filed with the suit which was dismissed by the trial Court. However, the Appellate Court, while allowing the application of the plaintiff, made the following observations: -