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2022 Supreme(P&H) 1707

ARCHANA PURI
Rahul – Appellant
Versus
Pirthi Raj – Respondent


Advocates appeared:
Mr.Rajinder Kumar, Advocate, for the Appellant

JUDGMENT

Archana Puri, J. - Challenge in the present revision petition is to the order dated 19.05.2022 passed by learned Addl. District Judge, Fazilka, whereby, an order dated 01.02.2022 passed by Learned Civil Judge (Jr. Divn.), Abohar, has been reversed and the injunction application has been allowed.

2. Material facts, as culled out from the pleadings placed on the record are that, initially, respondent No.1/plaintiff filed a suit for permanent injunction against the present petitioner Rahul and performa respondents, thereby restraining petitioner-defendant No.3 and performa defendants, from interfering into the peaceful possession over the land measuring 16 Kanals 00 marla, comprised in Rect. No.94 Killa No.9 (8-0), 12 (8-0), Khewat No.335/10, Khatauni No.651, as per Jamabandi for the year 201718. Further restraint had also been sought from destroying/damaging the Kinnow orchard and interfering in the cultivation and irrigation of the land by the plaintiff. Along with the plaint, an application under Order 39 Rule 1 and 2 CPC was also filed.

3. Vide order dated 01.02.2022, at first instance, the application under Order 39 Rule 1 and 2 CPC was dismissed by learned Civil Judge (Jr.

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