1. This civil revision is directed against the order dated 1st May 2005 passed in appeal (3/Appeal) by learned Additional District Judge, Jammu whereby order dated 7.4.2001 passed by Sub-Judge, (Chief Judicial Magistrate), Jammu vacating ad interim injunction earlier granted has been confirmed.

2. The petitioner-plaintiff herein approached the trial court for permanent prohibitory injunction claiming to be in possession of land measuring 2 kanals falling under khasra No. 218 situated at village Rah Salyote Tehsil Akhnoor District Jammu in addition to land measuring 7 kanals and 11 marlas adjacent to the aforesaid land comprising khasra No. 4 and 4 min. The boundaries of the land measuring 2 kanals have also been specified in para 1 of the suit. The plaintiff-petitioner claims to be in peaceful possession of the land. The allegation as contained in the plaint are that the plaintiff is in cultivating physical possession of the 2 kanals of land which is also being used as a way/passage for entry to the adjacent land comprising of 7 kanals and 11 marlas till the date of filing of the suit. The defendant in the suit on 1st November 2000 started digging foundation surrounding the land com

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