BALBIR SINGH Vs. SATBIR SINGH

JUDGEMENT

(1.) The petitioners are defendants in the suit for injunction filed by the respondents herein. They have challenged order dated September 21, 1992 made by the learned Lower Appellate Court., directing the parties to maintain status quo regarding possession of the land in dispute; and, to that extent, modifying the order dated September 9, 1992 passed by the learned trial Court vacating the ad-interim injunction granted on 4th July 1992 in favour of the plaintiffs in the suit.

(2.) The plaintiffs claim to have purchased the land in dispute from the co-sharers/owners by sale deeds dated July 23, 1992 and June 30, 1992. The defendants claim to be continuing in possession as gair marusi tenants. The dispute is in respect of possession of the land.

(3.) Along with the suit, the plaintiffs had filed an application under Order 39 Rules 1 and 2 read with Section 151 of the Civil Procedure Code, on which the trial Court had granted ex- parte ad-interim injunction by order dated 4.7.1992 restraining the defendants from interfering with the possession of the plaintiffs. After hearing the parties, this ex parte ad interim injunction order was vacated by the trial Court by order September 9, 1992, which has been modified by the lower Appellate Court in appeal by the impugned order dated September 21, 1992.