Sher Singh vs Pyare And Others on 8 January, 2009

        IN THE HIGH COURT OF PUNJAB AND HARYANA
                    AT CHANDIGARH.

                                    C.R. No.5007 of 2008 (O&M)

                                    Date of Decision: 8.1.2009.

Sher Singh                                     ....Petitioner

             Versus

Pyare and others                                ...Respondents

CORAM : Hon'ble Mr. Justice Rajesh Bindal

Present:- Mr.C.B.Goel, Advocate
          for the petitioner.

RAJESH BINDAL, J.

****
Challenge in the present revision petition is to the order
passed by the learned Court below where application filed by the
petitioner under Order 39 Rule 2-A read with Section 151 CPC for
alleged violation of the order passed by the trial Court on January 23,
2001 was dismissed. The petition was filed with the allegation that
inspite of interim order passed by the learned trail Court directing the
defendants in the suit to maintain status-quo regarding existing
position, construction was carried out on the plot in dispute.
However, both the Courts below found as a fact that though the
construction was going on but the same was not on the plot in
dispute where the petitioner/plaintiff in the suit has allegedly
cremated his father. Once on facts, the petitioner had not been able
to point out that there was violation of the interim order passed by the
Court by the respondent/defendants, no question of initiation of
proceedings under Order 39 Rules 2-A CPC could arise.

I do not find any reason to interfere in the present revision
petition and the same is dismissed.

                                           (RAJESH BINDAL)
8.1.2009                                       JUDGE
Reema