LAWS(P&H)-2009-10-1

SURESH SAGGAR Vs. VIJAY SAGGAR

Decided On October 23, 2009
Suresh Saggar Appellant
V/S
Vijay Saggar Respondents

JUDGEMENT

(1.) THIS order shall dispose of titled Suresh Saggar Vs. Vijay Saggar and Civil Revision No. 2006 of 2008 titled Vijay Saggar Vs. Suresh Saggar and another, as the impugned order is the same.

(2.) FOR brevity sake, facts are being taken from Civil Revision No. 1394 of 2008 titled Suresh Saggar Vs. Vijay Saggar. The plaintiff/petitioner filed a suit under Section 6 of the Specific Relief Act to recover portion of two rooms, bathroom comprising part of property bearing No. 27, Model Town, Amritsar, from which plaintiff claimed to have been forcibly and illegally dispossessed by the defendants. Along with the suit, the petitioner filed application under Order 39 Rules 1 and 2 of the Code of Civil Procedure for grant of ad interim injunction, restraining the respondent/defendants from demolishing/changing the nature of the suit property or to part with possession of the suit property in favour of any third party, during the pendency of the suit.

(3.) THE learned Additional District Judge (Adhoc) Fast Track Court, Amritsar, partly allowed the appeal, and modified the injunction order to the effect that the alienation, if any, made by the respondent/defendants, shall be subject to law of lis pendens, and further directed the defendants/respondent to file undertaking before the Court, that he would remove the construction raised by him in the event of suit being decreed.