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2002 Supreme(P&H) 838

M.M.KUMAR
Pritam Singh – Appellant
Versus
Chanan Singh – Respondent


Advocates Appeared:
For the Petitioners:Mr. Atul Lakhanpal, Advocate.
For the Respondents:Mr. Pritam Saini, Advocate.

JUDGMENT

M.M. Kumar, J. - This revision petition filed under Section 115 of the Code of Civil Procedure, 1908 (for brevity, the Code) challenges order dated 29.4.2002 passed by the Additional District Judge, Rupnagar which has reversed the order dated 22.3.2002 of Civil Judge (Jr. Division) refusing the relief of ad interim injunction restraining the defendant-petitioners from raising any further construction on specific portion of the suit property without getting the same partitioned. The Civil Judge in his order dated 22.3.2002 had allowed the defendant-petitioners to raise construction during the pendency of the suit subject to final partition of the suit property. In other words, the prayer of the plaintiff-respondents was declined.

2. The facts which are necessary to put the controversy in its proper perspective may first be noticed. Plaintiff-respondents filed Civil Suit No. 4 of 3.1.2002 seeking permanent injunction restraining the defendant-petitioners from raising any sort of construction, changing the nature of the suit land situated in the area of Village Malakpur. H.B. No. 35, Tehsil and District Rupnagar. Along with the suit an application was also filed claiming that




























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