TEK CHAND & ORS Vs. KISHAN AND ORS

JUDGEMENT

(1.) The present revision petition is directed against the impugned order dtd. 22/7/2015 (Annexure P1), whereby while allowing the application under Sec. 151 of the Code of Civil Procedure, the petitioners-defendants, have ordered to restore the possession of the suit land to respondent Nos.2 and 3. The trial Court, vide order dtd. 29/8/2012 (Annexure P-10) allowed the application submitted by the respondents herein and plaintiffs in the suit No.61 of 2012 and restrained the petitioners, who were defendants in the suit, from interfering into possession of the area by mentioning specific khasra number in the following manner:-

(2.) I have heard learned counsel for the parties, appraised the paper book and of the view that the impugned order is bereft of reasoning as on conjoint reading of the contents of the application as well as the interim stay, there was no categoric finding as to how and under what manner, the petitioners, defendants in the suit, have taken the possession. It requires determination and a categoric finding to that effect. In this view of the matter, the impugned order is hereby set aside the matter is remitted to the trial Court to decide the application (Annexure P-11) afresh in view of the observations made herein above as well as in accordance with law as expeditiously as possible. The present revision petition stands disposed of.