LEELAWATI & ORS Vs. DHARAM SINGH & ORS

JUDGEMENT

(1.) The petitioners have made a unique prayer before this Court: the respondent-plaintiffs may be restrained from raising any illegal construction/encroachment upon the land bearing khasra No. 6525, which is under the joint possession of the petitioners and respondent-plaintiffs.

(2.) In brief, the facts of the case are that Dharam Singh and Govind Singh had filed a suit for permanent injunction against the petitioners and against respondents No. 3 to 14 with regard to a piece of land lying in Khasra No. 6525. According to them, they along with respondents, including the petitioners, before this Court, were co-owners of Khasra No. 6525 along with other khasra numbers. A specific prayer was made against the respondents No. 1 to 11 that they be restrained from interfering in the peaceful possession of the plaintiffs. A temporary injunction application was also filed by the respondent-plaintiffs. To this temporary injunction application, the petitioners filed a reply. However, on 23.4.2014, the respondent-plaintiffs decided to withdraw the suit against all the defendants including the petitioners.

(3.) According to the learned counsel for the petitioners, the suit was withdrawn by the plaintiffs without giving any information to the petitioner and without seeking their consent. But the withdrawal of the suit has adversely affected the petitioners' interest, as the plaintiffs have started construction on the land in dispute. Therefore, the prayer that the respondent-plaintiffs be restrained from raising the construction before this Court.