Raj Kumar VS Paramjit Singh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

SANJAY DHAR
Raj Kumar – Appellant
Versus
Paramjit Singh – Respondent

Advocates:
Counsel for the Parties:
In MA No.12/2023
For the Appellants:Mr. Pawan K. Kundal, Advocate
For the Respondents:Mr. Supreet Singh Johal, Advocate
In MA No.30/2023
For the Appellants:Mr. Supreet Singh Johal, Advocate
For the Respondents:Mr. Pawan K. Kundal, Advocate

JUDGMENT

By this common judgment, two appeals, MA No. 12/2023 arising out of order dated 24.05.2023 passed by the learned 1st Additional District Judge, Jammu and MA No. 30/2023 arising out of order dated 21.08.2023 passed by the learned Additional District Judge, Jammu are proposed to be decided. Since the subject matter of both the appeals is the same, as such, both these appeals are being decided together.

2. Vide MA No. 12/2023, the appellants have challenged order dated 24.05.2023 passed by the 1st Additional District Judge, Jammu, whereby in a suit filed by respondent-Paramjeet Singh against the appellants-Raj Kumar etc. for grant of permanent prohibitory injunction, while deciding the application under Order 39 Rules 1 and 2 of the Code of Civil Procedure (CPC), the learned trial Judge has temporarily restrained the appellants from causing interference into peaceful possession of the respondent-plaintiff over the suit land measuring 4 kanal and 5 marlas falling under khasra Nos. 2034, 1753, 436 and 422 situated at Village, Salehar, Tehsil, R. S. Pura.

3. Vide MA No. 30/2023, the appellant-Paramjeet Singh, who happens to be respondent in MA No. 12/2023, has assailed order dat