INDERPAL Vs. AARUSH YADAV

JUDGEMENT

(1.) By way of present revision petition, the petitioner has challenged order dtd. 8/12/2023 (Annexure P-9) passed by learned trial Court, vide which application filed by the petitioner under Order 1 Rule 10 of CPC was dismissed.

(2.) The brief facts relevant for the adjudication of the present revision petition are that the plaintiff filed a civil suit No.144 of 2021 for declaration with consequential relief of permanent injunction against respondents No.1 and 2 qua land measuring 114 Kanal (63 Kanal + 15 Marla and 50 Kanal + 5 Marla) Chahi situated within the revenue estate of village Mehchana, Tehsil Farukhnagar, District Gurugram, by alleging that he is joint owner in possession alongwith the other who are also co-sharers as per their shares. The plaintiff challenged the General Power of Attorney bearing vasika No.58 dtd. 6/7/2020 and transfer deed based upon the said General Power of Attorney.

(3.) During pendency of the suit, the application under Order 39 Rules 1 and 2 CPC moved by the plaintiff was allowed in his favour vide order dtd. 20/4/2022 by holding that when the GPA in question is under suspicion, then it would be best for the interest of both the parties that the suit property should not be alienated, transferred etc. by the defendants till the decision of this case. It was also held that as per jamabandi as well as Khasra Girdawari till Kharif 2021 of the suit property, the documents available on the file prima facie show possession of the plaintiff upon the suit land. Hence, the defendants were restrained to dispossess the plaintiff or to interfere into the peaceful possession of the plaintiff over the suit land.