GENUINE PROMOTERS PVT. LTD. Vs. VINOD KUMAR

JUDGEMENT

(1.) PLAINTIFF is in revision under Article 227 of the Constitution aggrieved against the orders passed by the Courts below i.e. order dated 08.01.2014 passed by the learned Additional District Judge, Gurgaon and order dated 10.04.2012 passed by the learned Civil Judge (JR.Divn.), Gurgaon whereby its application under Order 39 Rules 1 & 2 CPC for grant of temporary injunction has been declined.

(2.) IN brief, facts are that the plaintiff/company filed a suit for permanent and mandatory injunction to the effect that the learned Assistant Collector Grade -I Sohana be restrained from passing the orders on an application for Takseem (partition) filed by defendant no. 1. Along with the suit, an application under Order 39 Rule 1 and 2 was moved by the plaintiff for restraining the AC Grade -I, Sohana to proceed with the case of partition till the pendency of the present suit and also for grant of injunction against the defendants and its heirs, agents, successors etc., from alienating, selling, disposing of the property during the pendency of the suit. Reply was filed by the respondent no. 1 whereby it was averred that the Revenue Court is competent to proceed with the proceedings of the partition case titled as "Vinod Kumar Vs. M/s. G.D. Goenka" and the Authority created under a particular Act cannot be restrained from exercising its jurisdiction under law.

(3.) AFTER hearing learned Counsel for the petitioner and perusing the paper book with his able assistance, this Court is of the considered view that the present petition is devoid of any merit and the same deserves to be dismissed.