Sandura Singh And Others v. Kabal Singh And Others

In the High Court of Punjab and Haryana, at Chandigarh Civil Revision No. 3189 of 2021 (O&M) Date of Decision: 09.12.2021 Sandura Singh and Others ... Petitioner(s)

Versus

Kabal Singh and Others ... Respondent(s) CORAM: Hon'ble Mr. Justice Anil Kshetarpal.

Present:

Mr. Jagraj Singh Khiva, Advocate for the petitioner(s).

Anil Kshetarpal, J.

1.

The defendant No.1, 2 and 3 have filed the present revision petition assailing the correctness of the order passed by the learned Additional District Judge, Mansa, while accepting the Civil Miscellaneous Appeal on 30.10.2019.

2.

The respondent No.1-Kabal Singh filed a suit for grant of decree of permanent injunction restraining the respondents from interfering in the exclusive possession of the land measuring 6 Kanals & 8 Marlas in Rectangle No. 6 and Killa No. 16/1. The trial Court dismissed the application by a cryptic order, whereas the First Appellate Court has granted injunction, after finding that the plaintiff has successfully proved his prima facie case, balance of convenience and irreparable loss and injury, if injunction is not granted.

3.

The learned counsel representing the defendant No.1 to 3 (the petitioners herein) are the subsequent purchasers of undivided shares in a DEEPAK KUMAR BHARDWAJ 2021.12.10 10:01 I attest to the accuracy and integrity of this document

Civil Revision No. 3189 of 2021 (O&M) joint khatta. The dispute is with regard to a tube-well installed in Killa No. 16/1. The petitioners have failed to show that the aforesaid tube-well was installed by them.

4.

Keeping in view the aforesaid fact, no ground is made out to interfere. Consequently, the present revision petition is dismissed. 5.

The miscellaneous application(s) pending, if any, shall stand disposed of.

(Anil Kshetarpal) Judge December 09, 2021 "DK"

Whether speaking/reasoned :Yes/No Whether reportable : Yes/No DEEPAK KUMAR BHARDWAJ 2021.12.10 10:01 I attest to the accuracy and integrity of this document