IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R.No.7696 of 2009(O&M) Date of Decision 23.12.2009 Raghuraj Singh ...... Petitioner VERSUS Mahavir Singh ...... Respondent CORAM:- HON'BLE MR. JUSTICE A.N.JINDAL Present: Mr.Ram Bilas Gupta, Advocate, for the petitioner. ***** A.N.JINDAL, J(ORAL): This petition is directed against the order dated 01.12.2009, passed by Addl. District Judge (Fast Track Court), Faridabad, dismissing the appeal of the petitioner-respondent against the order dated 14.11.2009 passed by Civil Judge (Junior Division), Faridabad, allowing the application of the respondent-plaintiff for ad-interim injunction. Heard. Partition is not a condition precedent for stopping the party in possession from raising construction. Dismissed. However, the respondent-plaintiff, if raises any construction in the area which ultimately falls to the share of petitioner- defendant, out of the suit property at the time of partition then the respondent would restore the possession of the same to the petitioner- defendant without claiming any cost of improvement. (A.N.Jindal) Judge 23.12.2009 mamta-II