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2019 Supreme(P&H) 2415

RAJ MOHAN SINGH
Mukesh Kumar – Appellant
Versus
M/s Saini Developers And Promoters Pvt. Ltd. – Respondent


Advocates Appeared:
Mr. Arun Jain, Sr. Advocate with Mr. Amit Jain, Advocate, Mr. Ashwani Kumar Chopra, Sr. Advocate with Mr. Akshit Chaudhary, Advocate, for the Appellant; Mr. Akshay Bhan, Sr. Advocate with Mr. Santosh Sharma, Advocate, for the Respondent

JUDGMENT

Raj Mohan Singh, J. - Vide this common order CR Nos.206 and 189 of 2019 are being disposed of. Since common issue is involved in both the petitions, therefore, for brevity, facts are being culled out from CR No.206 of 2019.

2. Petitioners have preferred this revision petition against the order dated 02.11.2018 passed by the Addl. District Judge, SAS Nagar (Mohali), whereby the order dated 23.07.2018 passed by the Civil Judge (Jr. Divn.) Dera Bassi was set aside. The District Judge, Patiala accepted the appeal thereby allowing the application under Order XXXIX Rules 1 and 2 CPC preferred by the plaintiff/respondent No.1 in a suit for permanent injunction restraining the defendants/petitioners from changing the nature of the suit property by way of raising any construction over the suit land.

3. Brief facts are that the plaintiff filed a suit for permanent injunction on the ground that the defendants/petitioners are cosharers in the suit land and they are bent upon encroaching the land measuring 9 Bighas 3 Biswas without getting the same partitioned by metes and bounds. Plaintiff pleaded that a day before yesterday (i.e. date of filing of the suit), defendants came to the spo

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