BABAKWAL SANT PREM SINGH KHALSA Vs. GURANHAT SINGH

JUDGEMENT

(1.) THE matrix of the facts & material, which needs a necessary mention for the limited purpose of deciding the core controversy, involved in the instant petition and emanating from the record is that, initially respondent -Guranhat Singh son of Gandharab Singh and his wife Baljit Kaur -plaintiffs(for brevity "the plaintiffs"), claiming themselves to be owner and in possession, have instituted the civil suit for a decree of permanent injunction, restraining petitioners -defendants -Gian Singh, Principal/Headmaster and Swaran Singh Joshi, Manager/President of Babakwal Sant Prem Singh Khalsa Senior Secondary School, Mukerian (for short "the defendants") from interfering in their possession and from raising any sort of construction over the property in dispute. The defendants contested the claim of the plaintiffs, filed the written statement, stoutly denied all the allegations contained in the plaint and prayed for dismissal of the suit.

(2.) SEQUELLY , the plaintiffs have also filed an application for ad interim injunction under Order 39 Rules 1 and 2 read with Section 151 CPC. The trial Court, while adjourning the case to 15.03.1997, directed the parties to maintain status quo till then regarding the construction over the suit property vide interim order dated 13.03.1997(Annexure R -5).

(3.) THE defendants were stated to have violated the injunction/status quo order and raised a brick -wall upto 4 feet height on the night of 14.03.1997. Consequently, the plaintiffs moved an application for taking action against them for violating the status quo order under Order 39 Rule 2 -A read with Section 151 CPC.