Mr. Raj Mohan Singh, J.:- Petitioner has assailed order dated 16.04.2016 (Annexure P-2) passed by District Judge, Moga whereby order dated 19.11.2015 passed by the trial Court was set aside and application under Order 39 Rules 1 and 2 CPC was dismissed.

2. Brief facts of the case are that the plaintiff/petitioner filed a suit for permanent injunction seeking to restrain the respondent from interfering in his possession, except in due course of law. Along with suit, an application under Order 39 Rules 1 and 2 CPC was also filed. Plaintiff/petitioner alleged that he was recorded as owner of the suit land. Initially, father of the parties namely Lachman Singh was owner of the suit land, but he transferred his entire share in the suit land in the name of plaintiff/petitioner as respondent had fallen into bad company and was addicted to many vices. Mutation was sanctioned in favour of the petitioner and he was in actual cultivating possession of the suit land.

3. Defendant/respondent contested the claim of the plaintiff/petitioner on the ground that earlier, he had filed a suit for joint possession of the suit land which was pending before the trial Court, whereby the plaintiff/