IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No.320 of 2009. Date of decision:- 21.01.2009. Tara Singh ...Petitioner Versus Surjit Singh @ Harmail Singh ...Respondent CORAM: HON'BLE MR. JUSTICE JASWANT SINGH Present:- Mr. A.S. Sullar, Advocate for the petitioner. JASWANT SINGH J.(Oral) The petitioner-plaintiff Tara Singh has filed this revision petition under Article 227 of the Constitution of India praying for quashing of the orders dated 26.03.2007 passed by learned Additional Civil Judge (Senior Division) Guhla whereby ad-interim injunction was declined; as also the order dated 05.08.2008 passed by learned District Judge, Kaithal whereby the appeal filed by him against the same was dismissed. The facts are that the petitioner-plaintiff had filed a suit for permanent injunction against the respondent-defendant, his real brother and co-sharer, alleging that the wall, as described in the suit, exclusively belongs to him. Learned counsel for the petitioner-plaintiff only prays for protection of that portion of the wall underneath on which the roof of the house of the petitioner-plaintiff rests. Perusal of the appellate order dated 05.08.2008 reveals that the learned counsel for the respondent-defendant has made a statement before the Trial Court on 22.03.2007 wherein he specifically stated that his client was not disturbing the wall on which the roof of the verandah of plaintiff was resting and he would not raise construction on that portion of wall with Civil Revision No.320 of 2009 -2- cement on which the roof of the house of plaintiff was not resting and he would not cause any damage to the portion where the roof is existing. Therefore, in view of the undertaking before the Trial Court, I find this reiteration of the prayer is wholly misplaced. Dismissed. January 21, 2009 (JASWANT SINGH) vj JUDGE