Mr. A.N. Jindal, J.: - This petition assails the order dated 29.10.2010 passed by the Additional District Judge, Kapurthala accepting the appeal of the defendant No.2- respondent No.1 Avtar Kaur (herein referred as, ‘the respondent No.2’) and dismissing the application of the plaintiff- petitioner (herein referred as, ‘the petitioner’) under Order 39 Rules 1 & 2 CPC.

2. The petitioner had filed a suit for permanent injunction restraining the respondent from interfering in the possession of the Haveli constructed upon 4 marlas of land comprising of two rooms with gate fixed situated within the lal lakir of village Alamgir as fully described in the head note of the plaint. He is claiming himself to be in un-interrupted and exclusive possession of the said piece of land and alleges that he has constructed two rooms and had installed one gate at the boundary wall. He has planted two trees and uses the said land for storing the shuttering material in the said portion. Earlier his father Amar Singh remained in possession of the suit property and on his death, about 19/20 years ago, he remained in possession of the suit property along with his mother Pritam Kaur. As such he has c