BRIJ KISHORE Vs. DEEPAK

JUDGEMENT

(1.) PLAINTIFFS filed a suit for permanent injunction from interfering with their possession or dispossessing them from the suit land as detailed in the plaint. Plaintiffs also moved an application under Order 39 Rules 1 and 2 read with Section 151 of Code of Civil Procedure seeking ad interim injunction. This application was opposed by the defendant by filing the reply. However, the trial Court by an order dated 15. 12. 1993 allowed the application and restrained the defendants from interfering in the possession of the plaintiffs during the pendency of the suit. Defendant-Brij Kishore feeling aggrieved by the order passed by the trial Court filed an appeal which was assigned to the Court of learned Addl. District Judge, Gurgaon. The learned Addl. District Judge, Gurgaon by his order dated 13. 12. 1994 dismissed the appeal. Hence this revision at the instance of defendant Brij Kishore.

(2.) THIS revision petition was admitted in the presence of learned counsel for the parties on 25. 7. 1995 and order of status quo was passed. Further proceedings before the trial Court were also stayed.

(3.) AFTER hearing learned counsel for the parties and going through the judgments of Courts below I am of the opinion that this contention of learned counsel for the petitioners has no merit. Learned trial Court in paragraph 9 of the order has recorded as under :