BALJIT SINGH Vs. JAGJIT SINGH AND OTHERS

JUDGEMENT

(1.) By way of this revision petition, order dated 04.08.2014 passed by learned Additional District Judge, Bathinda affirming the order dated 29.05.2012 passed by Civil Judge (Junior Division), Bathinda by virtue of which application under Order 39 Rules 1 and 2 of the Code of Civil Procedure (for short, "the Code") for ad-interim injunction of respondents No.1 and 2 was allowed and similar application of the petitioner filed with the written statement-cum-counter claim was dismissed, have been assailed.

(2.) The facts emerging from the petition are that a suit for permanent injunction seeking to restrain the defendants (petitioner Baljit Singh and another) from illegally and forcibly dispossessing the plaintiffsrespondents from a portion of plots-cum-sheds measuring 3334 square yards bearing Industrial No.C-6 and C-7, situated at Dabwali Road Focal Point, Bathinda (hereinafter referred to as the "suit property"), was filed.

(3.) Alongwith the suit, an application under Order 39 Rules 1 and 2 read with Section 151 of the Code for issuance of a temporary injunctive order during pendency of the suit, restraining the petitioner-defendants from interfering in their possession or dispossessing them illegally was also filed by the plaintiffs-respondents. The petitioner appeared and filed a written statement-cum-counter claim. He also filed an application under Order 39 Rules 1 and 2 of the Code praying to restrain the plaintiffs-respondents from dispossessing him from the suit property. Considering the submissions made on behalf of the petitioner as well as respondents, learned trial Court vide order dated 29.05.2012 allowed the application for ad-interim injunction filed by the plaintiffs-respondents and dismissed the application filed by the petitioner.