IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR No.454 of 2010 Date of decision: 25.1.2010 Smt. Kamlesh Kumari & ors. ......Petitioners Versus Smt.Kamlesh Kumari ......Respondent CORAM:- HON'BLE MR. JUSTICE RAKESH KUMAR GARG * * * Present: Mr. Pankaj Middha, Advocate for the petitioners. * * * Rakesh Kumar Garg, J.(Oral) This is defendants' revision petition challenging the impugned order dated 17.12.2009 passed by the Additional District Judge, Panipat whereby the parties have been directed to maintain status quo with regard to possession and construction over the property in dispute during the pendency of the suit. Counsel for the petitioners has raised grievance to the grant of status quo with regard to raising the construction. It has been vehemently argued by the learned counsel for the petitioners that the petitioners shall suffer an irreparable loss and injury, if they are not allowed to raise the construction during the pendency of this petition. No such argument was raised by the petitioners before the Lower Appellate Court when the impugned order was passed. From the averments made, the dispute raised before the Court below, “as to whether or not the suit plot forms part of Khasra Nos.3507 and 3508”, is a disputed question of fact which can be decided after the parties adduce their evidence in the main suit. In view of the allegations and counter allegations, the Lower Appellate Court had directed the parties to maintain status quo in exercise CR No.454 of 2010 -2- of its jurisdiction of granting discretionary relief. I find no error in exercise of such jurisdiction. Dismissed. January 25, 2010 (RAKESH KUMAR GARG) ps JUDGE