BIRENDER SINGH Vs. BRAHMJEET

JUDGEMENT

(1.) This petition, instituted under the supervisory jurisdiction vested in this Court by Article 227 of the Constitution of India, is directed against the order dtd. 10/12/2025 (Annexure P-6) passed by the learned Additional District Judge, Narnaul. By the impugned order, the civil miscellaneous appeal preferred by the respondent/defendant was allowed, resulting in the setting aside of the well-reasoned order dtd. 24/9/2025 (Annexure P-7) passed by the learned Additional Civil Judge (Senior Division), Narnaul. The petitioner approaches this Court seeking to impugn the said order on the ground that the same is contrary to law, suffers from jurisdictional infirmities, and calls for interference in the exercise of the supervisory powers conferred under Article 227, thereby warranting this Court's scrutiny and corrective jurisdiction.

(2.) The factual matrix, as emerges from the record, is that the petitioner/plaintiff is a co-owner in possession of the suit property to the extent of one-sixth share, the said property being agricultural land which has not been partitioned by any competent Court of law. The respondent/defendant, however, sought to alter the nature of the suit property by raising construction over a specific and valuable portion thereof. In response, the petitioner/plaintiff instituted a suit for permanent injunction, coupled with an application under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908, seeking a temporary injunction restraining the respondent/defendant from undertaking any construction or effecting permanent changes to the suit property. The learned Civil Judge, upon consideration of the materials and submissions, allowed the interim injunction. Aggrieved thereby, the respondent/defendant preferred a civil miscellaneous appeal, which was subsequently allowed by the learned Additional District Judge, Narnaul, vide the impugned order dtd. 10/12/2025.

(3.) Aggrieved by the orders impugned herein, the petitioner has approached this Court by way of the present revision petition. The same is resisted by the respondent/defendant, who has filed a caveat in accordance with law.