LAWS(P&H)-1985-10-63

AMAR SINGH Vs. HIRA SINGH

Decided On October 11, 1985
AMAR SINGH Appellant
V/S
HIRA SINGH Respondents

JUDGEMENT

(1.) This revision petition is directed against the order of the Additional District Judge, Amritsar, dated August 6, 1985, whereby the order of the trial Court dated April 12, 1985, declining the ad interim injunction prayed for by the plaintiffs, was set aside and the defendants were restrained from raising any construction over the land, in dispute.

(2.) At the time of the motion hearing on September 6, 1985, the operation of the impugned order was stayed meanwhile.

(3.) The trial Court directed defendants Nos. 1, 2 and 3 to furnish surety bonds in the sum of Rs. 20,000/- each giving undertaking that they would remove the construction, if any, raised by them, at their own risk and costs without claiming any compensation from the other co-sharers if on any portion of the suit property their rights were not established. Their facts in regard to the suit property would also not bind the other co-sharers if they failed to prove their rights therein. It was on account of that direction that the application for the grant of the ad interim injunction was dismissed by the trial Court. In appeal, the learned Additional District Judge set aside the order dismissing the application for the grant of the ad interim injunction, allowed the appeal thereto and restrained the defendants from raising any construction over the suit land vide impugned order, as observed earlier. Dissatisfied with the same the defendants have come up in revision to this Court.