TEK CHAND AND ANR. Vs. BALBIR SINGH

JUDGEMENT

(1.) BY means of this petition, the Petitioners who are the Plaintiffs before the learned trial Court, have challenged the order dated 30.08.2010 whereby the application filed by the Petitioners has been rejected.

(2.) THE Plaintiffs filed a suit praying that they are co -sharers in the suit land and their shares work out to 129.25 sq. meters. According to them the Defendant is a stranger to the suit land and is raising construction on the same. The suit was filed on 29th December, 2006 in which it was alleged that since 27th December, 2006 the Defendant has been digging and interfering in the suit land. The suit was contested by the Defendant. According to the Defendant he was raising construction on his own land after obtaining demarcation of the same. In replication the Plaintiffs alleged that despite stay order passed by the Court the Defendant had continued to raise construction on the suit land. In fact, proceedings under Order 39 Rule 2 -A are also pending before the trial Court. It would be pertinent to mention that in the suit a decree for mandatory injunction has been prayed for removal of the construction raised by the Defendant over the suit land.

(3.) ORDER 6 Rule 17 read as follows :