Rajinder Parsad vs Moti Lal And Others on 27 August, 2009

C.R. No. 4867 of 2009                                                      [1]




        IN THE HIGH COURT OF PUNJAB AND HARYANA AT

                                CHANDIGARH.

                                 C.R. No. 4867 of 2009

                                 Date of Decision: August 27, 2009



Rajinder Parsad

                                       .....Petitioner

             Vs.

Moti Lal and others

                                       .....Respondents


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

                          -.-

Present:-    Mr. S.S. Khurana, Advocate
             for the petitioners.

                   -.-



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

Courts below have dismissed the application for interim

injunction filed by the plaintiff- petitioner on the ground that he does not

have prima facie a strong case and balance of convenience does not lie in

his favour and that he would not suffer any irreparable loss.

Counsel for the petitioner has contended that the petitioner has

filed suit for possession by means of partition on the basis of his 1/3rd share

in House No.6926A whereas the trial Court on the basis of the record of the
C.R. No. 4867 of 2009 [2]

Municipal Committee wrongly observed that the property in possession of

defendant is 6926. It has also been informed that four PWs have already

been examined by the plaintiff- petitioner.

Taking into consideration the fact that the boundaries and the

actual property is required to be ascertained in the case on the basis of the

evidence of the parties, no ground is made out for interference in the order

passed by the trial Court. However, in the interest of justice, it is ordered

that the trial will be concluded preferably within a period of one year after

the next date of hearing fixed before the trial Court.

Dismissed.

August 27, 2009                                      (M.M.S.BEDI)
 sanjay                                                JUDGE