IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA, CHANDIGARH C.R.No.7218 of 2008 Date of decision: 6.1.2008 Municipal Council, Kharar and another ......Petitioner(s) Versus Gurbhajan Singh and others ...Respondent(s) CORAM: HON'BLE MR. JUSTICE JASWANT SINGH Present: Mr. Manish Bansal, Advocate for the petitioners. JASWANT SINGH,J(ORAL) By filing this revision, petitioners-defendants have prayed for quashing of Appellate Order dated 2.5.2008 passed by Additional District Judge, Ropar whereby the appeal filed by respondents No.1 & 2-plaintiffs against order dated 22.9.2006 (Annexure P.2) passed on the application U/o 39 Rules 1 & 2 CPC dismissing their application praying for ad-interim injunction, was allowed with costs and order dated 22.9.2006 was set aside and the application of respondents No.1 & 2-plaintiffs U/o 39 Rules 1 & 2 CPC was partly accepted restraining the petitioners-defendants from interfering in the possession of the plaintiffs over the land, dug a drain in that property or throwing water in the drain in that property except in due course of law. I have heard learned counsel for the petitioners. From the perusal of the impugned appellate order, it is clear that respondents No.1 & 2-plaintiffs are in exclusive possession of 3 kanal 18 marlas of the land in dispute comprising in khasra No.493/2, though the land has not been partitioned. Learned Appellate Court has further examined the record and held that petitioner No.1-Municipal Council, Kharar has sanctioned the site plan of the building/shops constructed by respondents No.1 & 2-plaintiffs in pursuance of the order passed by the competent authority. It has also been recorded that respondents No.1 & 2- plaintiffs are paying house tax of the said premises to the petitioner No.1- Municipal Council. Even the report of the Local Commissioner states that the construction at the site exists as per the site plan submitted by respondents No.1 & 2-plaintiffs. C.R.No.7218 of 2008 #2# Learned counsel for the petitioners has not been able to refute the afore-stated facts. Learned Appellate Court on assessing the facts has arrived at a view, which prima facie, seems to be correct. No ground for interference is made out. Dismissed. January 06, 2008 ( JASWANT SINGH ) manoj JUDGE