RAVINDRA KUMAR Vs. PREM GALAV

JUDGEMENT

(1.) IN this civil misc. appeal, appellant/plaintiff Ravindar Kumar has challenged the veracity of order dated 1.7.2014 passed by District Judge, Baran in T.I. Application No.48/2014 titled as Ravindra Kumar Vs. Prem Galav and Ors. By the impugned order, application filed by the appellant/plaintiff in the court below under Order 39 Rule 1 and 2 read with Section 151 CPC was dismissed and the court below came to the conclusion that neither there was any prima facie case in favour of plaintiff nor the plaintiff was able to prove any balance of convenience or probable irreparable loss in his favour.

(2.) AS per the memo of appeal, appellant/plaintiff sold Plots Nos. 36 and 37 in Jain Colony, Baran but the purchasers further sold these plots to the defendants, who took possession of vacant plots Nos. 10,11,29 and 30 also along with the sold plots. It was further mentioned in the memo of appeal that Plot No.30 was measuring 25 ft. X 30 Ft. and only a part of it was sold by the plaintiff measuring 15 Ft. X 30 Ft. and so the remaining 10 ft. X 30 Ft. portion of it was lying vacant, but the defendant/respondents started construction work on the said vacant land of plot also. Appellant submits that Plot No.30 belongs to Khasra No. 536 to 540, 677 and 677/2213.

(3.) AFTER hearing both the parties, the court below was of the view that the plaintiff himself was not sure about the exact location of his land and so it cannot be said that the defendants have encroached upon the land of the plaintiff or that they are making unlawful construction on the property of the plaintiff. Accordingly, the court below dismissed the application for Temporary Injunction filed by the plaintiff.