SURESH KUMAR Vs. SHIV PARKASH

JUDGEMENT

(1.) This is a Civil Revision Petition filed under Article 227 of the Constitution of India for setting aside the order dtd. 28/2/2024 (Annexure P-3) vide which the Civil Judge (Jr.Div.), Gurugram had dismissed the application filed by the petitioner under Order 39 Rules 1 and 2 CPC. Challenge is also the order dtd. 17/12/2024 (Annexure P-4) vide which the appeal filed by the petitioner had been dismissed.

(2.) Learned counsel for the petitioner has submitted that although the plaintiff-petitioner is owner of 390 square yards of the land but he is cultivating the said land along with the land of his brothers and the total land which the petitioner is cultivating is 17 kanals. It is submitted that the said possession of the plaintiff is since long and that the defendants are in possession of the land which is on the road and for the access to the said land of which the plaintiff is in possession, there was a rasta from the land of the said defendants. It is submitted that the reason for filing the present suit is that the defendants have now put up wire fencing on the said rasta and are in the process of erecting a gate so as to restrain the present petitioner from using the said passage towards his land. It is submitted that the Courts below have illegally dismissed the application filed by the petitioner under Order 39 Rules 1 and 2 CPC and thus, the impugned orders deserve to be set aside and the application filed by the petitioner under Order 39 Rules 1 and 2 CPC deserves to be allowed.

(3.) This Court has heard the learned counsel for the petitioner and has perused the paper book and finds that the impugned orders are in accordance with law and deserve to be upheld and the revision petition being meritless, deserves to be dismissed for the reasons detailed hereinafter.