IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R. No.6569 of 2006 Date of Decision:- 8.1.2008 Sohan Lal & ors. ....Petitioner(s) through Mr.Rahul Sharma, Advocate. vs. Jito Devi & ors. ....Respondent(s) through Mr.C.B.Goel, Advocate with Mr.Nitin Jain, Advocate. *** CORAM:-HON'BLE MR.JUSTICE SURYA KANT. *** 1) Whether Reporters of the local papers may be allowed to see the judgment? 2) To be referred to the Reporters or not? 3) Whether the judgment should be reported in the Digest? *** SURYA KANT, J. (ORAL) This revision petition is directed against the orders dated 30.11.2005 and 15.9.2006 passed by the learned Civil Judge (Junior Division), Jagadhari and the learned District Judge, Yamuna Nagar respectively whereby ad interim injunction under Order 39 Rule 1 CPC has been declined to the petitioner. The dispute between the parties who had a common ancestor, pertains to land measuring approximately 21 Biswas situated within the revenue estate of Tehsil Jagadhari, District Yamuna Nagar. While the plaintiff-petitioners claim that the subject land is still a joint holding, the defendant-respondents dispute the petitioners' claim. Both the Courts below have declined injunction to the petitioners after observing that the encumbrance, if any, created over the C.R. No.6569 of 2006 -2- subject property and/or sale deed executed in relation thereto by the respondents would be subject to the final outcome of the civil suit. Learned counsel for the respondents has further taken a fair stand that as and when any occasion to create any encumbrance or to execute a sale deed would arise, a specific recital with regard to pendency of the civil suit between the parties shall be incorporated in such a document/deed. In view of the above-stated undertaking given on behalf of the respondents, learned counsel for the petitioners does not press this petition. Consequently, the revision petition is disposed of with an observation that as and when any sale deed would be executed or any encumbrance created, the respondents shall make a mention regarding the pendency of the civil suit between the parties in the relevant documents. Obviously and as directed by the Courts below also, such a transaction shall always be subject to the final outcome of the civil suit. January 08, 2008 ( SURYA KANT ) poonam JUDGE