GRAM PANCHAYAT AJIPUR KALAN Vs. AJMER SINGH

JUDGEMENT

(1.) This revision petition is directed against the order of the Additional District Judge, Ambala, dated December 3, 1998, whereby the order of the trial Court declining the ad interim order of injunction was set aside and the Gram Panchayat was restrained from taking forcible possession of the suit land till the disposal of the case.

(2.) At the time of the motion hearing on February 10, 1989, the respondent was restrained from interfering with the possession of the petitioner Gram Panchayat. That order is still in operation. Not only that, even the trial Court had declined the ad interim order vide order dated November 4, 1988.

(3.) The learned counsel for the petitioner submitted that the trial Court rightly found that in the present case prima facie case and balance of convenience was in favour of the defendant Gram Panchayat and, therefore, in case it is restrained, it will suffer an irreparable loss. According to the learned counsel, the view taken by the lower appellate Court in this behalf was wholly wrong and illegal.