SANSAR CHAND Vs. BIDHI SINGH

JUDGEMENT

(1.) During the pendency of Civil suit No. 93 of 2017, the plaintiff had cast an application, under Order 39 Rule 1 and 2 CPC, before the learned trial Judge, seeking therein relief of ad-interim injunction, vis-'-vis the suit property. The learned trial Judge, had directed the parties, to maintain status quo, vis-'-vis the nature and possession, of, the suit Khasra, bearing No. 289. Being aggrieved therefrom, the defendants preferred an appeal, before, the learned first appellate Court. The latter Court, while affirming, the orders recorded by the learned trial Judge, had reversed the findings of the learned trial Judge. The plaintiff is aggrieved, hence has instituted the instant petition.

(2.) This Court had on, 13.4.2018, upon CMP NO. 3141 of 2018, hence made a pronouncement, upon the contesting parties, maintaining status quo, qua the nature, and, possession of the suit land. However, as apparent, on a reading of the apt reply, occurring in paragraph</i>-2 thereof, contents whereof are supported by an affidavit, qua prior to the defendant, being served with a copy of the orders, recorded on the aforesaid date, his rather completing construction, upon Khasra No. 289.

(3.) The learned counsel appearing, for the petitioner has not controverted the aforesaid factum. Consequently, since the pronouncement(s) made by this Court, are not, hence infracted, and, also with the construction, as, raised upon the suit property, is not yet proven, to be raised, beyond his share, in, the undivided property, thereupon, at this stage, it is not deemed fit, to interfere with the orders recorded, by the learned first appellate Court, nor with the orders recorded by the learned trial Judge, (i) rather it is open, for the plaintiff to cast an appropriate motion, before the learned trial Judge, for ordering, for, holding of demarcation, of, the undivided suit property, (ii) more particularly, for, ascertaining vis-a-vis the construction raised thereon, by the defendant, being beyond or within his share, in the joint land. Also on the report of the Demarcating Officer, being called, for, by the learned trial Judge, upon an application being moved before him, by the plaintiff, and, in case, certain revelations are borne therein, with respect to the construction, raised by the defendant, upon, the undivided suit Khasra, being beyond his share, thereupon it may be permissible, for the plaintiff, to, also move an appropriate application, for seeking leave, to make amendments, in the prayer clause, of, the plaint.