Ishwar Singh And Another vs Vinod Kumar And Others on 19 August, 2009

C.R. No. 6946 of 2008                                                [1]




        IN THE HIGH COURT OF PUNJAB AND HARYANA AT

                               CHANDIGARH.

                                C.R. No. 6946 of 2008

                                Date of Decision: August 19, 2009


Ishwar Singh and another

                                     .....Petitioners

            Vs.

Vinod Kumar and others

                                     .....Respondents


CORAM:      HON'BLE MR. JUSTICE M.M.S. BEDI.

                         -.-

Present:-   Mr. Vikram Singh, Advocate
            for the petitioners.

            Mr.Ashish Yadav, Advocate
            for the respondents.

                  -.-



M.M.S. BEDI, J. (ORAL)

Defendants have filed this appeal against the order dated

December 21, 2006 passed by Civil Judge, (Junior Division), Rewari, and

order dated November 26, 2008 passed by Additional District Judge,

Rewari, allowing the application of the plaintiff- respondent for interim

injunction restraining the defendant- petitioners from making any

interference in the property in dispute by allowing the application under
C.R. No. 6946 of 2008 [2]

Order 39 Rules 1 and 2 read with Section 151 CPC filed by the plaintiff-

respondents. Plaintiff- respondents have claimed that they are owners in

possession of 6 marlas of land which is mentioned in heading of the plaint

on account of a registered sale deed dated November 15, 2006 whereas the

defendants claim that the sale deed dated November 15, 2006 based on

another sale deed dated April 8, 1988 and that the property claimed by the

plaintiffs is different and the boundaries of the property in dispute have not

been correctly depicted.

I have gone through the orders passed by the Courts below and

seen the site plan of the subject matter of the dispute. Counsel for the

petitioner has referred to certain photographs to contend that certain

constructions have been raised illegally during the pendency of the suit of

the plaintiff- respondents in the garb of interim injunction but prima facie

counsel for the petitioners has not been able to indicate that the sale deed

dated November 15, 2006, for any reason is illegal except for raising doubt

regarding the boundaries.

In the interest of justice, without interfering in the orders

passed by the Courts below, it is deemed appropriate to issue a direction to

the trial Court to expeditiously dispose of the suit preferably within a period

of 10 months after the receipt of a certified copy of this order by giving

short adjournments.

The revision petition is dismissed with the abovesaid direction.

August 19, 2009                                      (M.M.S.BEDI)
 sanjay                                                JUDGE
 C.R. No. 6946 of 2008   [3]