SUCHET SINGH Vs. TEJ SINGH

JUDGEMENT

(1.) THIS revision is directed against the judgment dated 26.12.2012 passed by learned District Judge, Mandi in Civil Misc. Appeal No.14/2012, setting aside the order dated 23.7.2012 passed by learned Civil Judge (Sr. Division), Court No.1,Mandi in CMA No. 36 -VI/2012.

(2.) THE facts in brief are that petitioner has filed a suit for permanent prohibitory injunction against respondent regarding the land comprised in khasra No.458, measuring 0 -3 -2 bighas, situate in Mauja Panjethi/365. According to the petitioner the suit land is jointly owned and possessed by the parties as well as other co -sharers, as per jamabandi 2007 -08. The khasra No.458 abuts National Highway and is valuable piece of land. The respondent is raising construction over khasra No.458 without getting the joint holding partitioned. In the suit, petitioner had filed an application under Order 39 Rules 1,2 read with Section 151 CPC restraining the respondent from causing any interference and raising construction over khasra No.458, till the disposal of the suit.

(3.) THE petitioner has constructed a building adjoining to khasra No.458 occupying more front to which he is entitled. The other co -owners have also raised their buildings over the joint land. The respondent in January, 2012 had given breast wall and levelled the plot. At that time the petitioner did not raise any objection. The respondent has filed reply to the application under Order 39 Rules 1,2 read with Section 151 CPC and contested the application. The respondent has filed replication and reiterated his stand taken in the plaint.