MOHIT LOHIA Vs. DLF UNIVERSAL LIMITED

JUDGEMENT

(1.) A suit for declaration and permanent injunction is pending adjudication before the civil court at Gurgaon. The plaintiff, petitioner herein, alongwith the suit had filed an application under Order XXXIX Rules 1 and 2 read with Section 151 CPC for restraining the defendants from dispossessing the plaintiff or demolishing his office forcibly and illegally. The civil court as well as the first appellate court vide orders dated 6.2.2014 (Annexure P -1) and 28.8.2014 (Annexure P -2) respectively have found no merit in the application of the plaintiff and consequently, the same was dismissed.

(2.) THE main aspect which weighed with the courts below is that the plaintiff, petitioner herein, was not found to be in possession of any specific portion of the suit land which is unpartitioned and joint of the parties.

(3.) BY way of this revision petition, impugning both the orders, counsel for the petitioner has urged that there is admission of the defendants regarding possession of the property resting with the plaintiff -petitioner and further that this question of possession did not engage the attention of the courts below to the extent and intensity it required from them.