High Court of Punjab and Haryana, Chandigarh
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RAVINDER KUMAR v. AVTAR SINGH - CR-463-2006  RD-P&H 73 (10 January 2006)
CIVIL REVISION NO. 463 of 2006
DATE OF DECISION: January 24, 2006.
CORAM: HON'BLE MR. JUSTICE JASBIR SINGH
PRESENT: Mr. A.K.Chopra, Sr. Advocate, with Mr. Deepinder Malhotra, Advocate, for the petitioner.
Petitioner plaintiff filed a suit for permanent injunction, wherein he also moved an application for interim stay. His application was disposed of by the trial Court vide order dated August 24, 2005, whereby parties were directed to maintain status quo regarding possession over the suit property and construction by the respondent was allowed to be raised at his own risk and responsibility. Petitioner went in appeal, which was partly allowed and order was modified to the extent that the parties shall also maintain status quo regarding construction as well. Contention of counsel for the petitioner is that some construction has been raised by the respondent after grant of interim stay by the trial Court and also by the appellate Court below and as such the said construction was required to be demolished. This question cannot be gone into at this stage. During arguments, it has transpired that the petitioner had already moved an application under Order 39 Rule 2A CPC. Necessary orders, if contention of counsel for the petitioner is proved, will be passed by the competent Court. No case is made out for interference in pure findings of fact. Dismissed.
January 24, 2006. ( Jasbir Singh )
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