ROMESH SINGH Vs. AMRIK SINGH

JUDGEMENT

(1.) This civil revision is directed against the order dated 28-1-1995 passed by learned District Judge, Jammu in Civil Miscellaneous Appeal titled as 'Amrik Singh v. Hans Raj and others. It stems out of those circumstances summarised as under :

(2.) That respondent-plaintiff came to institute a suit for permanent prohibitory injunction restraining the defendants from encroaching and interfering in the peaceful possession of the plaintiff over the plot of land measuring 9 marlas, 249- sq. ft. comprising Khasra No. 389 situate at Ashok Nagar, Satwari, Jammu, more specifically described in para (1) of the plaint before the Court of learned District Judge, Jammu who in turn came to transfer the same to the file of Munsiff Sub-Registrar, Jammu. Along side this suit the plaintiff came to file an application for issuance of ad interim injunction. With respect to this petition, the learned trial Court vide its order dated 15-4-1994, directed the defendants-respondent to maintain status quo on spot with respect to the suit land. This order, however, came to be passed subject to objections of the defendants and after hearing the parties this order came to be vacated by the learned trial Court by virtue of its order dated 23-8-1994. This order of the trial Court came to be challenged in appeal.before the learned District Judge, Jammu who by virtue of its order dated 28- 1-1995 came to set aside the said order of the trial Court and directed the parties to maintain status quo on spot and also with a direction that the parties shall not change the nature of the suit property till disposal of the suit. This order is impugned in this revision.

(3.) In this motion of revision, the impugned order is assailed as being passed contrary to law and facts of the case.