Alok Singh, J.

1. Plaintiff petitioner herein has invoked jurisdiction of this Court under Article 227 of the Constitution of India assailing the order dated 02.02.2010 passed by the learned Appellate Court/Additional District Judge, Gurgaon, whereby the Appellate Court has allowed the appeal filed by the defendants respondents against the order dated 25.02.2009 passed by the learned Civil Judge (Junior Division) Gurgaon, on an application under Order 39 Rules 1 and 2 C.P.C. and permitted the defendants to raise the construction, clarifying that defendants shall not be entitled to any compensation regarding the construction raised by them and same shall be subject to the partition.

2. The brief facts of the present case are that plaintiff petitioner herein filed a suit for permanent prohibitory injunction against the defendants, inter-alia, alleging therein that plaintiff is co-owner and in joint possession of agriculture land bearing Khewat No.30, Khata No. 48, Rect. No. 28, Killa No. 3/2(3-16), 8(8-0), 13 (8-0) total measuring 19 kanal 16 marlas, to the extent of 8 kanal 14 marlas situated in Village Bans Haria, Tehsil and District Gurgaon. The predecessor-in-interest of