SADHU SINGH Vs. SHIV NAND

JUDGEMENT

(1.) Vide this order, I shall dispose of four civil revision petitions i.e. CR-5900-2015, CR-5901-2015, CR-5999-2015 filed on behalf of petitioners Sadhu Singh and others and CR-5898-2017 filed by petitioners Mahesh Kumar and another.

(2.) CR-5900-2015, CR-5901-2015, CR-5999-2015 have been filed for setting aside of impugned order/judgment dated 8.7.2015 passed by learned Additional District Judge (Fast Track Court), Bathinda whereby appeal filed by defendants/respondents has been allowed and order dated 24.7.2013 has been set aside and CR- 5898-2017 has been filed by the petitioners for setting aside of the impugned order dated 16.2.2017 passed by Civil Judge (Jr.Divn.), Bathinda whereby an application under Order 7 Rule 11 CPC filed by them for rejection of plaint was dismissed.

(3.) Briefly stated, facts of the case are that plaintiffs Sadhu Singh and others had brought a suit for grant of permanent injunction against defendants Shivnandan Lal and others on the averments that they are co-sharers in joint possession of 1/2 share of land measuring 69 kanals 1 marla situated within revenue limits of village Bhucho Kalan, Tehsil and District Bathinda; they have inherited this land from their ancestor Narain Singh; the defendants are other co-sharers in joint possession of remaining 1/2 share of the land; such land is still joint and has not been formally partitioned; the defendants threatened to dispossess the plaintiffs from the suit land to carve out a colony and raise construction on specific and more valuable part of the joint khata of the land without getting it partitioned. Feeling threatened, the plaintiffs had brought a suit for grant of permanent injunction. In such suit they had also filed an application for grant of ad interim injunction.