RONKI RAM Vs. PREM SAINI

JUDGEMENT

(1.) THE present revision petition has been filed against the order passed by the learned Addl. District Judge, Ambala vide which order passed by the learned trial Court dismissing an application of the plaintiff-appellant under Order 39 Rules 1 & 2 read with Section 151 CPC, was affirmed.

(2.) I do not deem it necessary to go into the findings of the learned Courts below as the case deserves to be remanded back to the learned lower appellate Court to decide the appeal on merit by permitting the parties to raise their respective pleas. The learned lower appellate Court denied the injunction by observing as under :-

(3.) MR . O.P. Gupta, learned counsel appearing on behalf of the respondents, however, submits that the learned Court below are wrong in recording a finding that petitioner was co-owner of the property, whereas as a matter of fact, property in dispute is exclusively owned by the respondents. In view of the stand taken by the learned counsel for the parties and also keeping in view the law laid down by the Hon'ble Supreme Court in the case of Matharwal Khewaji Trust (Regd.) Faridkot v. Baldev Dass (supra) the impugned order cannot be sustained. Accordingly, this revision is allowed, the impugned order is set aside and the case is remanded back to the learned appellate Court to decide the appeal on merits by applying the settled principle for grant of injunction. Parties through their counsel are directed to appear before the learned lower appellate Court on 30.8.2007. Petition allowed.