RAM SWAROOP AND ORS. Vs. RAMESH KUMAR

JUDGEMENT

(1.) THIS is a petition filed by the Petitioners under Article 227 of the Constitution of India against the order passed by the learned Additional District Judge, Sirmaur at Nahan, dated 29.7.2010, in an appeal filed under Order 43 Rule 1 Code of Civil Procedure against the order passed by the learned Civil Judge (Junior Division), Nahan, dated 6.12.2008, whereby the application under Order 39 Rules 1 and 2 Code of Civil Procedure was allowed.

(2.) BRIEFLY stated, the facts of the case are that the Respondent/Plaintiff filed a suit for injunction as against the present Petitioners, who were impleaded as Defendants. An application under Order 39 Rules 1 and 2 read with Section 151 Code of Civil Procedure was also filed before the learned trial Court for the grant of an injunction as against the Defendants restraining them from raising any construction over the suit land till disposal of the main suit. The said application was allowed by the learned Civil Judge vide his impugned order, which order, on appeal, was affirmed by the learned Additional District Judge, against which the present petition has been filed.

(3.) THE fact that the land had reverted back to the land owners from the State of H.P. and all the co -owners are the right holders in the suit land has not been disputed by both the parties. Both the parties are the right holders and no exclusive possession of either party has been recorded. The Petitioners claim that their construction in the form of one storey is already there and further construction was started by the Petitioners, against which the application for grant of stay was filed. A reference has also been made to the statement of the Respondent/Plaintiff Ramesh Kumar in which also he had admitted that there is one storeyed pucca house of the Defendants over the suit land but the same is not complete. Till the land, in question, was partitioned in between the parties and no exclusive possession was recorded, the Defendants have no right to raise further construction over the suit land. The injunction was granted by the learned trial Court and these findings were affirmed by the learned First Appellate Court. The jurisdiction of this Court is very limited in looking into this question and until and unless it is proved, prima facie, that the order suffers from an illegality, then only this Court is required to interfere in the order passed by the learned First Appellate Court. Therefore, no case is made out for interference, in view of the facts and circumstances of the case, and the impugned order passed by the learned Additional District Judge affirming the order passed by the learned trial Court does not suffer from any illegality calling for an interference by this Court.