AMAR SINGH Vs. MAN SINGH

JUDGEMENT

(1.) HEARD and gone through the record.

(2.) Petitioner has filed a suit for permanent prohibitory injunction, restraining the respondent -defendant from interfering in his possession over immovable property, described in the plaint. He also filed an application, under Order 39 Rules 1 and 2 CPC for grant of temporary injunction. That application was allowed by the trial Court. Thereafter, while main suit was still pending, petitioner filed another application, under Section 151 CPC, alleging that respondent -defendant had dispossessed him from the suit property and prayed for issuance of a temporary mandatory injunction to restore the possession of the portion of suit property that had allegedly been encroached upon by the respondent -defendant. That application has been dismissed, with the observation that the petitioner has not been able to show that he has been dispossessed from the suit land during the pendency of the suit or after passing of the order of temporary injunction, on application, under Order 39 Rules 1 and 2 CPC. Now, the petitioner has approached this Court, under Article 227 of the Constitution of India for quashing the order of trial Court and directing the respondent to restore the possession of the portion of suit property, from which he has allegedly been dispossessed.

(3.) I have heard Learned Counsel for the petitioner.