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2023 Supreme(P&H) 410

GURBIR SINGH
Bipandeep Kaur – Appellant
Versus
Municipal Corporation, Ludhiana Through Its Municipal Commissioner – Respondent


Advocates appeared:
Ms. Sudeepti Sharma, Advocate with Ms. Mehak Kanwar, Advocate and Mr. Ishan Gupta, Advocate for the Appellants; Mr. Yadwinder Singh Bhangu, AAG, Punjab; Mr. Sanjeev Soni, Advocate with Mr. Sarthak Soni, Advocate for the Respondent.

JUDGMENT

Gurbir Singh, J. - Challenge in this revision petition is to judgment dated 02.05.2023 (Annexure P-1), passed by learned Additional Sessions Judge, Ludhiana in Civil Misc. Appeal No.95 of 2023 dated 20.03.2023, whereby appeal against the order dated 17.03.2023 (Annexure P-2), passed by learned Civil Judge (Junior Division), Ludhiana, on an application moved by the plaintiffs-petitioners under Order 39 Rule 1 and 2 CPC, for grant of temporary injunction, has been dismissed.

2. The petitioners (hereinafter called as - the plaintiffs) filed a suit for permanent injunction restraining the respondents etc. (hereinafter called as - the defendants) from interfering in peaceful possession or raising any construction or making any dump illegally and forcibly, over the plot measuring 832.55 sq. yds., comprised out of Khasra No.1018/1029, Khata No.793/851-1274/1376, situated at Taraf Saidan, H.B. No. 172, Tehsil and District Ludhiana, shown in red colour in the site plan attached and bounded as under :-

East

Road measuring 185 feet

West

Nala

North

Road

South

Road

3. The case of the plaintiffs, in brief, is that they are the recorded owners of the above mentioned plot. The defendant Municipa

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