HARI CHAND Vs. PANCHAYAT MOHALLA SOODAN

JUDGEMENT

(1.) Challenge in this revision petition is to order dated 07.07.2017 (Annexure P-3) and order dated 06.11.2017 (Annexure P-8) passed by the learned Civil Judge (Junior Division), Ludhiana in Civil Suit No.CS-2633 of 2007 titled as "Panchayat Mohalla Soodan Vs. Hari Chand" dismissing application dated 18.07.2017 (Annexure P-4) filed by the defendant-petitioner to vacate the ex parte interim injunction order dated 07.07.2017 (Annexure P-3) on account of non compliance with the mandatory provisions of Order 39 Rule 3 CPC. Prayer is for setting aside the impugned order and for vacating the ex parte interim injunction order dated 07.07.2017 for non compliance of Order 39 Rule 3 CPC by allowing the application (Annexure P-4).

(2.) Brief facts of the case leading to the filing of the present petition are that civil suit titled as "Panchayat Mohalla Soodan Vs. Hari Chand" was filed by the respondent/plaintiff claiming possession of suit property as also injunction restraining the petitioner/defendant, his agents, attorneys, associates from making any change in any manner in the suit property. Along with the suit, the respondent/plaintiff filed an application under Order 39 Rule 1 & 2 CPC read with Section 151 CPC for the grant of ad interim injunction for restraining the petitioner/defendant, his agents, attorneys, associates from raising any construction and making any change in the suit property in any manner during the pendency of the suit.

(3.) The aforesaid suit along with application under Order 39 Rule 1 & 2 CPC read with Section 151 CPC came up for hearing before the learned Civil Judge (Junior Division), Ludhiana on 07.07.2017 on which date the learned Civil Judge passed an ex parte ad interim injunction/order of status quo. Operative part of the order dated 07.07.2017 is reproduced as under: