JUDGMENT :

Nidhi Gupta, J. - Present revision petition has been filed seeking setting aside/modifying the impugned order dated 07.01.2021 passed by the ld. Civil Judge (Junior Division) Gurugram whereby the application filed by the petitioner/plaintiff under Section 151 CPC, for issuance of direction to SHO to stop the construction work at the spot, has been dismissed.

2. Facts in brief are that the petitioner acquired ownership-in-possession of Plot measuring 355.5 square yards situated within the Lal Dora of Abadi of Village Wazirpur, District Gurugram by way transfer deed bearing Vasika No.892/20.07.2020. He filed civil suit seeking decree of permanent injunction restraining the defendants/respondents herein, from interfering in the peaceful possession of the petitioner/plaintiff, and also raising any objections on construction by the petitioner over the suit plot. Along with the suit, the petitioner filed an application under Order 39 Rules 1 and 2 CPC.

3. It is submitted by the learned counsel for the petitioner that vide order dated 06.08.2020 the application filed by the petitioner under Order 39 Rules 1 and 2 CPC was allowed and the defendants/respondents were restrained from interfering in peaceful possession of the plaintiff over the suit plot (as described in the registered release deed bearing No.892 dated 20.07.2020). The defendants/respondents were also restrained from raising objection to construction to be raised over the suit plot by the plaintiff. It is submitted that this order dated 06.08.2020 was never challenged by the respondents and attained finality. Learned counsel submits that however, thereafter, as the possession of the petitioner was being interfered with and construction work was being carried out by the respondents/defendants over the suit property, petitioner filed the present application u/s 151 CPC (Annexure P2) for `issuing direction to SHO concerned to stop the construction work at the spot'. Respondents in their reply to this application stated that "they had raised construction over the ancestral land and erected boundary wall height up to 4 feet within Khewat No.92, Khatoni No.114, Killa No.3 (6-14), 6-0 Chahi & 0-14 Gair Mumkin Makaan Kila No.6 (3-4) Gair Mumkin Makaan, Killa No.15/1 (1-5) Chahi in the month of January 2020. The answering respondents have no concern over the land of Lal Dora within the revenue estate of Village Wazirpur, District Gurugram". It is submitted that in view of the admission on the part of the respondents that they were raising construction over the suit plot, which was clearly in contravention of the direction of the Ld. Trial Court contained in order dated 06.08.2020, the dismissal of petitioner's application dated 16.09.2020 (Annexure P2) is unsustainable. It is submitted that instead of restraining the defendants from interfering in the possession of the petitioner, the Ld. Trial Court has, vide the impugned order dated 07.01.2021, instead held that:-

"From the contentions of the plaintiff as mentioned in the present application, it comes out that defendants have encroached upon the suit property after the pronouncement of order dated 06.08.2020. At the time of arguments, the plaintiff was present in the court and he disclosed that now, suit property is in the possession of the defendants and his possession be restored through this application. As the plaintiff has been dispossessed by the defendants, no direction can be issued to SHO concerned. Now, the right recourse for the plaintiff is to amend his plaint. As according to plaintiff, he has been dispossessed in contravention of order dated 06.08.2020, he has to file