IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Civil Revision No.5239 of 2009(O&M)
Date of Decision 20.10.2009
Rajinder Singh
...... Petitioner
VERSUS
Municipal Corporation and another
...... Respondents
CORAM:- HON'BLE MR. JUSTICE A.N.JINDAL
Present: Mr.J.S.Thind, Advocate,
for the petitioner.
*****
A.N.JINDAL, J(ORAL):
C.M.No.21769-CII of 2009
Aggrieved against the order dated 30.04.2009, passed by
Additional District Judge, Patiala, dismissing the appeal filed by the
petitioner-plaintiff (herein referred as ‘the petitioner’) against the order dated
23.03.2009, passed by Civil Judge (Senior Division), Patiala, whereby the
application of the petitioner for interim injunction has been dismissed, he
has preferred this petition.
The existence of the passage in dispute is clear from the
demarcation report submitted by Kanungo and undisputedly this road goes
through Khasra Nos.975 and 989 i.e. land of the plaintiff and Punjab
Government BML Store and may have not been shown in the revenue
record.
At this stage, to close down the passage would amount to
decreeing the suit.
No grounds to interfere.
Dismissed. Trial Court is directed to expedite the matter within
one year.
(A.N.Jindal)
Judge
20.10.2009
mamta-II