NISHAN SINGH Vs. SATISH KUMAR

JUDGEMENT

(1.) Petitioner has challenged the order dated 31.05.2018 passed by the Civil Judge (Jr. Divn.) Panipat, whereby application for restoration of possession and staying the construction being raised by the defendant over part of suit property was dismissed.

(2.) Brief facts are that in a suit for permanent injunction filed by the plaintiff/petitioner interim injunction was granted by the trial Court vide order dated 17.05.2016 and he defendant was restrained from interfering in the possession of plaintiff over the suit property comprised in Khasra Nos.4383/1, 4384/1, 5162/2 and 5164 total land measuring 4 Bighas and 5 Biswas during pendency of the suit except in due course of law.

(3.) The order dated 17.05.2016 was modified in appeal at the instance of the respondent by the lower Appellate Court vide judgment dated 009.2016 to the extent that the order would not operate in respect of Khasra Nos.5165, 5166 and 5167 owned and possessed by the defendant.