SARABJIT SINGH Vs. MANJU BALA

JUDGEMENT

(1.) By this petition, the petitioner challenges the order of the learned appellate court, reversing the order of the trial court (Civil Judge, (Jr. Divn), Ludhiana), dtd. 21/1/2013, such order having been passed on applications filed under Order 39 Rules 1 and 2 of the CPC by both, the plaintiffs as also the present petitioner who is the defendant-counter -claimant in the suit.

(2.) The dispute is with regard to what is contended to be a rasta, and as per the learned trial court, is also shown in the revenue record as such.

(3.) The trial court in its order dtd. 21/1/2013 having held that the passage in question has been shown to be the private property of the present petitioner, i.e. the counter-claimant, with the respondents-plaintiffs having no right to use it, restrained them from interfering in the peaceful possession of the petitioner.