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1994 Supreme(P&H) 854

G.S.SINGHVI
Mohan Lal – Appellant
Versus
Mohan Singh – Respondent


Judgment

G.S.Singhvi, J.

1. This revision petition is directed against the order dated 12.9.1994 passed by the learned Additional District Judge, Jalandhar, in an appeal filed by the respondent, Mohan Singh, against the order of injunction passed by Sub Judge, Second Class, Jalandhar, on 21.5.1994, granting injunction in favour of the plaintiff-petitioner. Learned Additional District Judge, Jalandhar, reversed the order of injunction and has dismissed the application filed by the petitioner under Order 39, Rules 1 and 2 read with section 151, C.P.C. and the petitioner who has felt aggrieved by the order of the learned Additional District Judge has sought intervention of this Court for restoration of injunction order passed by the Sub Judge.

2. The plaintiff-petitioner filed a suit in the Court of Sub Judge, Jalandhar, seeking a declaration that the property mentioned in the plaint is in his possession and that he cannot be dispossessed by the defendant-respondent on the ground that the land in question formed part of public passage. Alongwith the plaint an application under Order 39, Rules 1 and 2, C.P.C. was filed by the petitioner seeking a restraint order against his forcible dis





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