The power of superintendence under Article 227 of the Constitution of India is to be exercised sparingly and only in appropriate cases where there is a gross failure of justice or grave injustice. The scope of interference by the Court under Article 227 is restricted when an alternate remedy of appeal is available.

JUDGMENT :

ALKA SARIN, J.

1. Heard through video conferencing.

2. The present civil revision petition under Article 227 of the Constitution of India read with Section 151 of the Code of Civil Procedure, 1908 (CPC) has been filed for setting aside the impugned order dated 16.02.2021 (Annexure P-1), whereby the Trial Court has dismissed the application (Annexure P-5) of the plaintiff-petitioners filed under Order 39 Rules 1 and 2 CPC for grant of interim injunction.

3. The facts in brief are that in 2014 the plaintiff-petitioners filed a civil suit (CS. No.220, ID No.CS-1671-2014) for possession by way of partition of land measuring 5 Kanals 2 Marlas situated in Village Kabarcha, Tehsil Narwana, District Jind. The present defendant-respondents were defendant Nos.40, 41 and 42 in this suit. Vide judgement dated 28.08.2018 (Annexure P-2) the Trial Court passed a preliminary decree in favour of the plaintiff-petitioners holding that “the plaintiffs are owner of the suit property measuring 5 Kanal 2 Marlas, fully described above, to the extent of 29/102 share and the plaintiffs are entitled to separate possession of their share by partition of suit property by metes and bounds. The parties to the suit are directed to get the suit property partitioned as per their shares mutually within three months, failing which any of the parties can approach the court for partition of the suit property by metes and bounds”. The present defendant-respondents, who were defendant Nos.40, 41 and 42 in the said civil suit (CS. No.220, ID No.CS-1671-2014) challenged the decision of the Trial Court by filing an appeal (CA-329-2018) which appeal is still pending before the Additional District Judge, Jind.

4. On 14.01.2020 the plaintiff-petitioners filed the present civil suit (CS-34-2020) for grant of permanent injunction restraining the defendants from making construction over the joint land Khasra No.326(1- 11) gair mumkin abadi entered in k/k No.118/122 and Mustil and Killa No.446(1-9) gair mumkin abadi, 458/13(0-6) gair mumkin ruri 473/15(0-6) gair mumkin ruri entered in k/k No.116/120 and Khasra No.345/1(1-10) gair mumkin abadi entered in k/k No.117/121 according to jamabandi for the year 2018-19 situated in Village Kabarcha, Tehsil Uchana, District Jind forcibly and illegally and without getting its final partition and to change the nature of the suit land in any manner now or in future. The respondents are the defendants in this civil suit. Alongwith the plaint (Annexure P-3), an application (Annexure P-5) under Order 39 Rules 1 and 2 CPC and Section 151 CPC was filed for grant of temporary injunction restraining the defendant-respondents from making construction over the suit land forcibly and illegally and without getting or till its partition and to change the nature of the suit land in any manner till the decision of the civil suit. On 14.01.2020 the Trial Court issued notice to the defendant-respondents for 21.01.2020. The defendant-respondents put in appearance on 21.01.2020 when the Trial Court ordered maintenance of status quo regarding construction (Annexure P-6). The defendant-respondents filed their written statement (Annexure P-7) and contested the civil suit. Vide impugned order dated 16.02.2021 (Annexure P-1) the Trial Court dismissed the application (Annexure P-5) filed by the plaintiff-petitioners under Order 39 Rules 1 and 2 CPC and Section 151 CPC for grant of temporary injunction. Hence, the present civil revision petition under Article 227 of the Constitution of India read with Section 151 CPC for setting aside the impugned order dated 16.02.2021 (Annexure P-1).

5. The present civil revision petition has been filed against an order passed by the Trial Court on an application under Order 39 Rules 1 and 2 CPC. Such an order is appealable under Order 43 Rule 1(r) CPC. No justifiable reasons have been advanced by the learned counsel for the plaintiff-petitioners as to how the present civil revision petition under Article 227 of the Const