None 4729 of 2003 on 25 September 2000

Civil Revision No.4729 of 2003

Rakesh Kumar Vs.Gram Panchayat of Village Maghar Mudhian Present:None for the parties.

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Permod Kohil, J. (Oral)

This revision petition has been filed under Article 227 of theConstitution of India for quashing the part of the order dated 25.9.2000 passedby the Additional Civil Judge (Sr.Divn.) Gurdaspur and the order dated14.2.2002 passed by the Additional District Judge, Gurdaspur whereby theapplication under Order 39 Rule 1 and 2 CPC has been dismissed in respect ofland measuring 29-Kanals.

In a suit filed by the present petitioner against the respondents fordeclaration and permanent injunction, application under Order 39 Rule 1 and 2CPC was filed. The trial Court vide its order dated 25.9.2000 maintained theinterim injunction restraining the defendants from interfering in the cultivatingpossession of the plaintiff over the land measuring 68 kanals detailed in clause-A of head note of the plaint during the pendency of the suit except in duecourse of law. The prayer for grant of injunction in respect of 29 kanals washowever denied.

The plaintiff preferred an appeal in the court of AdditionalDistrict Judge, Gurdaspur in respect of the part of prayer declined by the trialCourt. The appellate Court dismissed the appeal vide order dated 14.2.2002maintaining the order of the trial Court.

In this revision petition, when notice of motion was issued, theparties were directed to maintain status quo. This petition is pending for thelast seven years. The parties has chosen not to appear.

In the totality of the circumstances, I do not find any valid groundto interfere in the impugned order which has been passed on the basis of thefacts on record.

There is no ground to interfere in the impugned order. thispetition is accordingly, dismissed.

04.08.2010sd

(Permod Kohli)Judge