Punjab and Haryana High Court
CIVIL APPEAL 4904 of 2006 on 8 May 2006
IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH
CR No. 4904 of 2006Date of decision October 13, 2011
State of Haryana through Collector, Jind, District Jind and another
Versus
....... Petitioner
Gurbachan Singh
........Respondents
CORAM: HON'BLE MR. JUSTICE K. KANNAN
Present:-Mr. K. C. Gupta, Senior DAG., Haryanafor the petitioner.
None for the respondent.
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1. Whether reporters of local papers may be allowed to see the judgment ?No2.To be referred to the reporters or not? No3.Whether the judgment should be reported in the digest?No
K. Kannan, J (oral).
1. The revision is against the order of the Additional District Judge, Jind allowing the appeal against an interim order ofinjunction passed pending the suit. The petition for injunction filed at thetrial Court was dismissed but in appeal the Additional District Judge heldthat the khasra girdawari entries showed that plaintiff Gurbachan Singhwas alone in possession. He relied on the report of the SDO Jind dated1.10.2004 that showed the possession of the plaintiff. The Court furtherheld that the petitioner's possession itself cannot be disturbed except bydue process of law. The State is in appeal contending that the injunctionissued was erroneous. The order was passed on 8.5.2006 and during allthis period the order has not been stayed. There is no reason to modify the same presently.
2. The order passed by the Additional District Judge, Jind is confirmed and the Civil Revision filed by the State is dismissed.
October 13, 2011archana
(K. KANNAN)JUDGE