C.R. No.1389 of 2009 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of Decision : 03.08.2009 Ramesh .....Petitioner versus Smt.Rajbala and others .....Respondent CORAM : HON'BLE MR.JUSTICE SURYA KANT. Present : Mr.J.B.Sharma, Advocate, for the petitioner. Mr.S.N.Pillania, Advocate, for the respondents. -.- Surya Kant, J. This revision petition is directed against the orders dated 23.12.2008, passed by the Civil Judge (Senior Division), Jind, whereby ad- interim injunction has been granted in favour of the respondent-plaintiffs, restraining the petitioner-defendant from raising any construction over the suit property, as well as dated 30.1.2009 of the learned District Judge, Jind, dismissing the appeal of the petitioner against the above mentioned order. The respondent-plaintiffs are the widow and three minor children of the deceased brother of the petitioner. While the petitioner- defendant is claiming an oral partition between the parties, the case of the respondent-plaintiffs is that the property is still jointly owned by them which can be partitioned by the Civil Court only being Gair Mumkin property. C.R. No.1389 of 2009 2 Both the Courts below, on the basis of the pleadings and the material on record, have observed that the respondent-plaintiffs have made out a prima-facie case and balance of convenience also lies in their favour, for the obvious reason that the petitioner-defendant is yet to lead evidence and prove the oral partition. The Courts below have observed and rightly so that if the petitioner-defendant is allowed to raise the construction, it will cause irreparable loss and injury to the respondent-plaintiffs. No case for interference by this Court in revisional jurisdiction, is made out. Dismissed. 03-08-2009 (SURYA KANT) Mohinder JUDGE