MOHD. SULTAN Vs. MOHD. SHABBIR AND ORS.

JUDGEMENT

(1.) The present petition is directed against the order dtd. 10/11/2017 passed by the Additional District Judge, Sangrur (for short - the Appellate Court), through which an appeal filed by respondent no. 1 - Mohd. Shabbir against the order dtd. 27/7/2017 passed by Civil Judge (Junior Division), Malerkotla (for short - the Trial Court) allowing the petitioner's application under Order 39 Rules 1 and 2 CPC, was allowed and the matter was remanded to the Trial Court for fresh decision.

(2.) The facts, in brief, which would be required to be noticed for adjudicating upon the present petition, are that the petitioner filed a suit seeking therein permanent injunction. Along with his suit, he filed an application under Order 39 Rules 1 and 2 CPC to restrain the defendants in the suit from illegally and forcibly digging the earth from the land detailed and described in the heat note of the plaint.

(3.) On being put to notice, the respondents, who were defendants in the suit, put in appearance before the Trial Court and contested the petitioner's suit. A reply to the application filed by the petitioner under Order 39 Rules 1 and 2 CPC was also filed. Through its order dtd. 27/7/2017, the Trial Court allowed the petitioner's application under Order 39 Rules 1 and 2 CPC and temporarily restrained the defendants from illegally and forcibly digging the earth from the suit land. Respondent no. 1 filed an appeal against the aforesaid order dtd. 27/7/2017 passed by the Trial Court, which was accepted by the Appellate Court. After setting aside the order dtd. 27/7/2017, the Appellate Court remanded the matter to the Trial Court for a fresh decision. The order of the Appellate Court was challenged by the petitioner in the present proceedings. Notice in the present petition was issued to the respondents but since proceedings before the Trial Court were not stayed, in terms of the order of the Appellate Court dtd. 10/11/2017, the Trial Court, through order dtd. 11/5/2018, dismissed the petitioner's application filed by him under Order 39 Rules 1 and 2 CPC.