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High Court of Punjab and HaryanaCR/2015/2017dismissed

Harbhajan Singh Through Lrs v. Ajay Goyal And ORS.

2017-05-11Mr. Justice Dr. Bharat Bhushan Parsoon1 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH.

C.R. No. 2015 of 2017 Date of Decision: May 11, 2017.

Harbhajan Singh thru L.Rs ....Petitioner

Versus

Ajay Goyal .....Respondent

CORAM:

HON'BLE MR.JUSTICE RAJAN GUPTA

Present:

Mr. D.S.Malwai, Advocate, for the petitioner. Rajan Gupta, J (Oral) Present revision is directed against the orders passed by the courts below whereby plea of the petitioner under Order 39, Rules 1 & 2 to injunct the defendant from interfering in their peaceful possession over the land in dispute has been rejected.

It has been urged before the court that interim injunction as prayed for ought to have been granted in the facts and circumstances of the case. The courts below ignored from consideration of the fact that defendant was raising construction on the property which he is not entitled to in view of the agreement to sell dated 10.1.2011. Both the courts below have rejected the prayer of the petitioner for interim injunction observing that no suit for specific performance has been filed. I find no ground for interference in the findings of the two courts below. Dismissed. However, it is directed that trial court shall endeavour to dispose of the suit as expeditiously as possible. (Rajan Gupta) Judge May 11, 2017.

BB Whether speaking/reasoned Yes/No Whether reportable: Yes/No