HARBHAJAN SINGH Vs. KARTAR SINGH

JUDGEMENT

(1.) NONE is present on behalf of the respondents. This petition has been preferred against the order dated 16. 5. 1997 passed by Civil Judge (SD) Hoshiarpur. By this order, the learned Civil Judge has allowed the application filed by defendant No. 1 Kartar Singh under Order 39 Rules 1 and 2 read with Section 151 CPC and has restrained the plaintiffs from interfering into the possession of the defendant No. 1 over the suit land till the disposal of the suit.

(2.) MR . Parveen Kumar, the learned counsel appearing on behalf of the petitioners has submitted that the application filed by the defendant/respondent under Order 39 Rules 1 and 2 read with Section 151 CPC was not maintainable. In support of his submission the learned counsel has placed reliance on a judgment of this Court in Ram Chander v. Harbhajan Singh,1986 PLJ 286.

(3.) FOR the reasons recorded herein above, the petition is allowed and the impugned order dated 16. 5. 1997 passed by the learned Court is set aside with no orders as to costs. With this order the petition stands disposed of