Sunil Kumar And Another vs Sheela Devi And Others on 12 January, 2009

        IN THE HIGH COURT OF PUNJAB AND HARYANA
                    AT CHANDIGARH.

                                  C.R. No.100 of 2009 (O&M)
                                  Date of Decision: 12.1.2009.
Sunil Kumar and another                    ....Petitioners

            Versus

Sheela Devi and others                        ...Respondents
CORAM : Hon'ble Mr. Justice Rajesh Bindal
Present:- Mr.I.D.Singla, Advocate
          for the petitioners.

RAJESH BINDAL, J.

****
The challenge in the present petition is to the order
passed by the learned Courts below in an application filed by the
petitioner/plaintiffs under Order 39 Rules 1 and 2 CPC.

The challenge in the suit is to the mutation being entered
in favour of respondent No1. and further for implementation of the
judgment and decree in favour of petitioners. Both the courts below
rejected the prayer for interim injunction on the ground that there was
a judgment and decree passed in favour of respondent No.1 by the
learned Lower Appellate Court which was upheld upto the Hon’ble
the Supreme court, the mutation was entered in favour of respondent
No.1. The contention of learned counsel for the petitioners that they
were not party to the suit filed, has no legs to stand as their
predecessor in interest were party in that suit. Once the earlier
judgment and decree in favour of predecessor in interest of the
plaintiffs was set aside in a suit filed by respondent No.1 and the
judgment having been upheld upto the Hon’ble Surpeme Court,
prima-facie no case is made out for grant of injunction in favour of
petitioners, as in the suit challenge is to the mutation entered in
favour of respondent No.1 in terms of judgment of Hon’ble the
Supreme Court.

Dismissed.

                                         (RAJESH BINDAL)
12.1.2009                                         JUDGE
Reema