IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR No. 7544 of 2010 Date of decision:- 19.11.2010 Gram Panchayat ......petitioner vs. Avtar Singh and another ......respondents CORAM:- HON'BLE MR. JUSTICE HEMANT GUPTA Present: - Ms. Seena Mand, Advocate for the petitioner HEMANT GUPTA, J (ORAL) Challenge in the present revision petition is to an order passed by learned trial Court on 1.9.2010 whereby an application filed by defendant-petitioner for rejection of the plaint under Order 7 Rule 11 of the Code of Civil Procedure was dismissed. Plaintiff-respondents have filed a suit for declaration that the plaintiffs are co-owners and in joint possession of the land as well as has sought permanent injunction in respect of the aforesaid land. At the stage of hearing of the application under Order 7 Rule 11 of the Code of Civil Procedure, the plaintiffs withdrew the relief of declaration. Learned counsel for the petitioner contends that even the suit for permanent injunction is not maintainable before the Civil Court as the question of the title has to be necessarily gone into while granting the decree for injunction. It is also pointed out that the petition filed by Gram Panchayat under Section 7 of the Punjab Village Common Lands (Regulations) Act, 1961 has since been allowed on 9.8.2010 by District Development and Panchayat Officer, Sangrur. Therefore, the suit for injunction is not maintainable. The suit for injunction is not based upon the proof of title. The plaintiff can succeed even on the basis of possession. It is one thing to say that the Civil Court does not have any jurisdiction and the other whether the Civil suit exercises its discretion in granting ad interim injunction. May be in terms of the order passed by the District Development and Panchayat Officer, Sangrur, the Civil Court may decline the ad interim injunction but that does not necessarily mean that the Civil Court has no jurisdiction to entertain the said suit for the relief of permanent injunction. In view of the above, I do not find any patent illegality or irregularity in the order passed by the learned trial Court which may warrant any interference in the revisional jurisdiction of this Court. Dismissed. (HEMANT GUPTA) JUDGE 19.11.2010 preeti