BITTU RAM Vs. SURAM CHAND

JUDGEMENT

(1.) This reference is under sec. 113 of the Code of Civil Procedure which has been made by the then Sub-Judge Ramban. The facts in the suit giving rise to this reference are as under;

(2.) A civil suit for permanent prohibitory injunction restraining defendant from interfering in possession of the land of plaintiffs measuring 01 kanal and 06 marla comprising Khasra No. 480 situated in village Parnote Tehsil and District Ramban was filed by 09 villagers against the 12 persons of the same village. The trial court passed ad interim order on 26/9/2009 restraining the defendant from interfering till objections were filed and considered. After hearing the parties, the order of injunction dtd. 26/9/2009, however, was vacated by the trial Court vide its order dtd. 23/12/2009. The plaintiff challenged the order vacating ad interim order by filing a miscellaneous appeal before District Judge, Ramban. This appeal was allowed by the District Judge Ramban vide order dtd. 25/10/2010 with a direction to the parties to maintain status quo on spot.

(3.) The defendants challenged the order dtd. 25/10/2010 by filing a revision under sec. 115 of CPC. When this revision i.e. C. Rev. No. 48/2011 came up for hearing on 30/4/2016, it was dismissed by the court. The operative portion of the same is extracted below: