JUDGMENT :

Namit Kumar J.

The instant revision petition has been preferred by the petitioner/plaintiff impugning the order dated 23.12.2020 passed by the Court of learned Additional District Judge, Gurugram, whereby the order passed by the learned trial Court dated 16.09.2020, allowing the application under Order 39 Rules 1 & 2 CPC, filed by the petitioner/plaintiff has been set-aside. Parties to the lis, hereinafter, shall be referred to by their original position in the suit.

2. The brief facts as have been pleaded in the petition are that the petitioner/plaintiff filed a suit for permanent injunction along with an application under Order 39 Rules 1 & 2 CPC and it was pleaded in the suit that he is owner-in-possession of property, shown with letters ABCDEF in the site plan attached with the plaint, situated at village Jharsa. The property is part of khewat No.1302, khatuni No.1656, Rect. No.56 kila No.9/2 as per jamabandi for the year 2001-02. The plaintiff and his two brothers are recorded as owners of land comprised in Rect. No.56, Kila No.9/2. Bale Ram [father of plaintiff] was in possession of afore-mentioned property as a Gair Maurushi. Later on, it was purchased by plaintiff a